Any arrest which is not pending or did not result in a conviction is not considered an arrest according to N.Y. Executive Law Section 296, subdivision 16. With that said if a person is arrested and the case gets dismissed and sealed then if for any reason a cop pulls you over can they see your arrest record?
if a case is dismissed and sealed then a police officer who pulls you over would have no way of knowing about it.
In my experience the cops may be able to see them.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 19 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
Sometimes a case that's sealed, as in a background check wouldn't cause it to show up, could still be accessible to the police agency that made the arrest. So yes, it's possible even though it's not supposed to happen.
Mr. Reibstein is a former New York City prosecutor and second-generation criminal lawyer who handles all types of personal injury and criminal defense cases. Unless a formal letter of engagement or retainer agreement has been entered into by and between the reader and the attorney this answer shall not be construed as official legal advice on any specific facts or circumstances. Its contents are intended for general information purposes only. No attorney-client relationship has been created.
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