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Got a job but nervous about background check..Help!

Bronx, NY |

This job is gonna do a thorough background check and i'm nervous as hell because i didnt put on application prior convictions because i dont have any.However i did have several marijuana possession ACDs that were all sealed and other prior arrest that were dissmised and thrown out. As of date, i have no misdemeanors or felony convictions. Me being nervous , i explained it to HR ( only because they kept stressing that it could take months to complete background check, and any flags can get me terminated down the line) that i did have some acds and now they want me to bring in dispositions. On the app it clearly says that " I DO NOT have to disclose any sealed convictions" . What to do,? Do i have reason to worry?

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Attorney answers 3

Posted

I think you will be fine, an ACD is not a conviction.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.

Posted

The cases would not have shown up if they were sealed.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

You have certain rights under the Fair Credit Reporting Act if these sealed records pop up on your background report. For example, if the background company reports old sealed records, you may have a claim in Federal Court for lost wages (if you lose the job opportunity) because the reporting company should have maintained reasonable procedures to guarantee maximum possible accuracy. You could also have claim against the employer if the employer fails to provide you with a copy of the report plus a summary of consumer rights (which would tell you how to dispute the report) BEFORE it makes a decision not to hire you. Hopefully these old records do not pop up.