A run-in with the law never looks good, even if the person was deemed innocent of any illegal behavior. As it becomes increasingly easy for companies and landlords to conduct background checks during the hiring/application process, it is common for a person to become concerned that a prior arrest may turn. Here is what one needs to know about arrests in NY that do not result in a conviction.
Do Arrests Show Up in Background Checks?
This will depend on the type of background and how thorough it is. Some types of background checks will show arrests even if they do not result in a conviction. While this is not something most people would want others to see, such a report will usually show if it resulted in a dismissal or not guilty verdict.
Legal Rights on Arrest Records on Background Checks
Arrest records that do not result in a conviction should be automatically sealed in New York. That means they will not turn up in most background checks. This is not true of arrests that occur in other states, including New Jersey. New York law also makes it illegal to inquire about an arrest or criminal accusation that resulted in a favorable outcome. The same is true of convictions that have been sealed. However, employers are permitted to ask about pending charges and convictions.
Sealing Arrest Records in New York
A person should not have to request that an arrest record be sealed if the person was not convicted. However, sometimes mistakes happen and a person needs to correct his/her record of arrests and prosecutions (“RAP”) sheet. If that happens, one should contact an attorney right away for help.
Who Should I Contact for Help Clearing My Arrest Record?
If you or someone you love has concerns about an arrest and/or conviction in New York, contact an attorney with experience in such matters. The lawyers of the Rosenblum Law are skilled criminal defense and record sealing attorneys who have helped many people in New York and seal past run-ins with the law. Email the Rosenblum Law or Call 888-815-3649 today for a free consultation about your case.