I was arrested a few years back and the charge winded up being sealed and only had to do 70 hours of community service. My lawyer at the time informed be that I do not have anything on my record and that if a cop ever ask if I have been arrested I can say no, Upon doing so i told an officer i was never arrested while i was getting a UPM charge and now have to go in for finger printing on the assigned date for the ticket. Will I get in any trouble if the finger prints show that I am in the system?
First, your lawyer gave you incorrect advice. Sealing does not change the fact that you were arrested. Second, if the case is sealed it should not show up on your criminal history report.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
The charge is the same whether you've been arrested in the past or not, and it isn't a crime (usually) to lie to a police officer, especially in this case where you were given incorrect advice, as was pointed out already.
You should get an attorney to accompany you to the hearing and protest the fingerprinting requirement. Since UPM is a non-criminal violation below misdemeanor level, there is no authority or need to fingerprint or subject you to criminal arrest procedures. As the other attorneys have said, if the previous charges were sealed, then any fingerprints obtained would have been removed from the state database, and in any event, your declarations to the officer violated.no criminal laws.
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶¶s 4 and 10 which state that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of other attorneys on Avvo.com are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue. I can only answer your question based on the brief statement of facts you present in your question which may omit other relevant facts which would be disclosed in an in-person interview. While I attempt to provide reasonable care in answering your questions in an online forum which encourages attorneys to provide brief "off the cuff" responses within several hours of the posting of a question, I cannot perform any further detailed legal research concerning possibly relevant statutory or case law which might apply to your situation that I would normally do in the course of my representation of clients where an attorney-client relationship exists (and you are paying for my services!). You should therefore not rely solely upon legal information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . Similarly, my terms and conditions for "no cost, no obligation" preliminary consultations are set forth at http://jackle.bo/_consult . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1, available online at http://jackle.bo/_prof ) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline