Skip to main content

Are employers able to detect a shoplifting case which has not been sealed yet?

New York, NY |

I have had a shoplifting case in NY for minor value, I want to know whether employers will be able to detect that before my case is sealed or not?
How can I make sure that it has been sealed after my ACD is over?
While doing applications for jobs, do I have to agree with violations or misdemeanor questions that application has? I have Class C Misdemeanor.

+ Read More

Attorney answers 4

Posted

If this is in NY, there is no such thing as a Class C Misdemeanor.
Employers can find an open case during the 6 month period. Once it's dismissed and sealed, it cannot be found.
You can contact the NYS DCJS to verify or go to the court.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Asker

Posted

Shoplifting case of value less than $50 is called Class C Misdemeanor, that is what I learnt from Google. Don't know if things differ from state to state. Thank you.

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

Not in NY. All larceny's under $1000 are petit larceny/class A misdemeanors.. Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) Jlopiccolo@hbclaw.net

Posted

Was this in NY? NY does not have Class C misdemeanors. In NY an employer could see the case before it seals. The sealing should be automatic and you can check at the court.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Posted

Check wit the court to see if it still show up.

Posted

Your case will be sealed after the 6 month period of the ADC, but it could take a week or more to be adjusted on the computer system that New York uses for background checks. It will still appear on the NYSID computer that the police use and if you apply for a government job, police, FBI, or other position they will see the arrest and disposition. Please choose best answer if this was helpful. If you want to make sure it was sealed ask for a Certificate of Disposition from the clerk of the court.

Asker

Posted

I already have a certificate of dosposition which I was advised to take it from court. They asked me to keep it with me for safety. I don't the one you are talking about is the same thing or not.

John J. Carney

John J. Carney

Posted

You should be able to read the disposition on the certificate and it will have a raised stamp. It will say ACD or Disorderly Conduct, the fine, etc. or whatever the disposition of the case was. There is no criminal record with an ACD.