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Ask Meigs Your Own Question

Meigs
Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1344
Experience:  I have multiple years experience prosecuting and defending clients.
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I reside in New York. 15 years ago I had a misdemeanor DWI.

Customer Question

I reside in New York. 15 years ago I had a misdemeanor DWI. My current employer has to do a criminal background check. Will this still be information they can obtain? As I understand it a Misdemeanor DWI stays on record for a max of 10 years.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Meigs replied 1 year ago.

meigs004 :

Hello, how are you today?

meigs004 :

Is the employer a government agency?

Customer:

No

meigs004 :

You were convicted correct? Or pled guilty?

meigs004 :

It was not dismissed or nol prossed? Or you did not complete a class and it was dropped?

Customer:

Pled to misdemeanor. No felonies

meigs004 :

Under New York law, if the job you are applying for pays less than $25,000,
the background check should only go back 7 years. (If your conviction was
more than 7 years ago but you were still serving your sentence less than 7
years ago, the conviction is included in the 7 years.) However, employers are
still allowed to ask about convictions that are more than 7 years old.

meigs004 :

Disregard the applying for.

meigs004 :

I am currently researching the 10 year mark that you stated. Trying to find that law.

meigs004 :

Do you have a moment for me to search?

Customer:

sure. I currently work for tis employer and have been doing so for 13 years. My current employer acquired my previous employer. One of my job functions involves entry into Hospital operating rooms. The hospital has a third party that screens representatives that go inot ORs. They now require a crimianl backround check. My employer is responsible for this.

meigs004 :

I understand. I have found a bunch of literature that I am combing through to see the extent to which they can search since you are already a employee.

meigs004 :

Give me just a few more moments.

meigs004 :

Thanks for your continued patience!

meigs004 :

The restrictions on an employer considering criminal histories
for employment purposes are driven primarily by state law and are much more limiting. For
example, approximately twelve states have enacted laws that specifically prohibit an employer
from using an applicant’s arrest record in making an employment decision. The state law
prohibitions also extend to the use of some conviction records. The bright line example is
California’s restriction on using certain marijuana-related convictions to make employment
decisions if the conviction is more than two (2) years old. Most states also restrict an employer’s
use of criminal records that are sealed, annulled, expunged and/or pardoned by the governor.
Indeed, Hawaii prohibits all criminal history related inquiries until after an offer of employment
has been made to an applicant. The state law restrictions on the use of criminal history
information for employment purposes are as diverse as the number of states in the Union.

meigs004 :

New York employers must also consider state laws restricting the use of criminal history in employment decisions. New York Executive Law Section 296 makes it unlawful to inquire about or take adverse employment action based upon a non-pending arrest or criminal accusation that was terminated in favor of an employee or applicant. The statute explicitly exempts inquiries required or permitted by statute. New York Correction Law Article 23-A governs how and when an employer can use a criminal conviction in determining whether to hire a new employee or take adverse action against an existing employee. Section 752 of Article 23-A prohibits denial of employment based on conviction for criminal offenses unless there is a direct relationship between the criminal offense and the job or an unreasonable risk to property. Section 753 of Article 23-A describes the factors an employer must consider in hiring decisions involving a conviction.

meigs004 :

I know this does not specifically answer your question, but when a customer asks such a specific question, it is sometimes difficult to find that law.

meigs004 :

§40.1. Terrorizing


A. Terrorizing is the intentional communication of information that the commission of a crime of violence is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, with the intent of causing members of the general public to be in sustained fear for their safety; or causing evacuation of a building, a public structure, or a facility of transportation; or causing other serious disruption to the general public.


B. Whoever commits the offense of terrorizing shall be fined not more than fifteen thousand dollars or imprisoned with or without hard labor for not more than fifteen years, or both.

Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1344
Experience: I have multiple years experience prosecuting and defending clients.
Meigs and 4 other Criminal Law Specialists are ready to help you

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