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Will a disorderly conduct show up on a fingerprint background check from 7 years ago

New York, NY |
Attorney answers 4

Best Answer
Posted

It will always be on the NYSID computer that the poilce use, but the background checks use a different computer system that should only include violations that are not sealed. They are sealed automatically unless a waiver is made part of the plea deal which is rare. Increasingly however, employer s are using different methods and finding violations that are not supposed to be reported and you cannot be sure what they will be able to find out so do not lie on the application.

Posted

Yes, unless it was sealed.

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Asker

Posted

But people have said that disordely conducts are sealed after a year

Marco Caviglia

Marco Caviglia

Posted

A disorderly conduct requires no fingerprints or photo be taken, or that they be purged if that is a surviving charge among others which were dismissed/acquitted. So, that should be sealed. But sealed charges are not necessarily purged.

Posted

It should be sealed unless you waived that as part of the plea. Go to the court house and ask in the Clerk's Office if it is sealed.

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

Go to the courthouse and check your record.