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Nate
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Category: Criminal Law
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Experience:  Over 10 years of criminal defense practice.
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My employer is doing a background check using one of the consumer

Resolved Question:

My employer is doing a background check using one of the consumer reporting agencies under the FCRA and my question is 28 years ago in N.Y is was charged with petit larcency and 6 months later it was dismissed There was no jail time no restitution even though upon the arrest I was finger printed then releases with a ticket to return to court. its been so long ago and I don't know if this is considered a conviction and will this show up on a pre-employment back ground check. My concern is that when asked if I've ever been convicted of a crime I responded no the question did not say have you ever been arrested or else I would have responded yes
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Nate replied 8 months ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

Two things work to your advantage here.

First, that was dismissed. If it was dismissed then it is not a conviction and you do not have to answer "yes" to that question.

Second, the age of the charge. When you start going that far back, the records become imperfect anyway and things do not always show up. Most records were not electronically converted until the late 1990s, if not later. Before that it would be a rare thing for a background search company to go to the expense of cataloging older records manually.

If you've already checked a couple other private sites, it is likely the petit larceny incident is not going to be on anyone's radar.

To be entirely sure going forward, you may want to go ahead and get the dismissal expunged. The court clerk where you were charged will have forms to do that.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 8 months ago.
Thank you I needed confirmation I had spoken to a local police officer who works in the town where the offense took place and he told me they could see the charge but only because they could run an internal search since this is where the incident took place but it probably wouldn't show up anywhere else the time is so long ago and the disposition says dismissed I just feel better hearing this from an attorney
Expert:  Nate replied 8 months ago.
I'm glad to help.

What he said sounds right to me based on my experience.
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10536
Experience: Over 10 years of criminal defense practice.
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