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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16094
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Could you tell me what information is included on a Certificate

Customer Question

Could you tell me what information is included on a Certificate of conduct? I'm applying to work in China, and my prospective employer is asking me for it for a work visa/temporary residence visa application. I was convicted of Harrassment in the 2nd degree, a violation, in nyc a few years ago. My case was sealed upon conviction. Will this record show up in a certificate of conduct? Thanks.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.
Hi and thank you for your question,

The purpose of a Certificate of Conduct is to verify whether a person does or doesn't have a criminal record. YOu can find out how to obtain one here.

If you were convicted of harassment as a violation, then your matter was never a crime in the first place. This particular violation should have sealed automatically after a year and, while there is still a court file about this incident, the offense should not appear on the certificate as other records should have been destroyed upon sealing.
Customer: replied 10 months ago.

Thank you for the answer. Do you know if I could get a similar certificate from the FBI, if my overseas employer asks for one, or do FBI Certificates contain "everything", including sealed violations? Thanks!

Expert:  Zoey_ JD replied 10 months ago.
Hi,

If you order your own RAP sheet from the FBI, your violation will probably show. But if an employer orders it, it generally will not. There are some exceptions, such as if you were applying to be a police officer. But most regular employers would not be able to find your violation on a background check.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16094
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 9 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.
If the employer asks me to personally get a RAP sheet or certificate from the FBI and send it to them, will I have to oblige?

Thanks! Just rated your service. Did you get paid?
Expert:  Zoey_ JD replied 10 months ago.
Hi,

Yes, thank you. I did get paid.

An employer is entitled to do a background check on you. Whether there's a way around having to provide that yourself would be a matter of Chinese rather than US law. Clearly, however, if he wants the RAPs or the Certificate and you don't comply you would hurt your employment chances.

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