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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23578
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a felony conviction in a small county in upstate New

Customer Question

I have a felony conviction in a small county in upstate New York from 1999. I am being considered for a job that requires a criminal background check (the potential employer is a bank).
You don't have to tell me that it's "immoral" or "illegal" for me to lie about this on a job application -- I know that.
Also... I have undergone background checks in the past and, except for one about 4 years after my conviction, they have not shown the conviction. I also worked as a subcontractor at a VA Hospital and I had to be fingerprinted (as I would have to be for the bank job). The background check evidently turned up nothing.
Again, I'm not interested in hearing whether I'm right or wrong to lie. If I tell the truth, they won't hire me. If I lie and deny any conviction and they learn of it, they will simply fire me. The county in New York State is Tompkins. I live in South Dakota now.
BTW.... was sentenced to 5 years probation.... they ended probation after 2.5 years
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
My name is ***** ***** I am an experienced New York State criminal lawyer.
What is the question that you are asking? If you're wondering whether this will be on your NYS or Federal RAP sheet, the answer is that unless it was a juvenile offense or you were accorded youthful offender treatment, yes, it will.
So it is all going to depend upon how far back South Dakota intends to look. Several states have a 7 year law in place for an employment background check, which means that a third party background checker won't go back more than 7 years. South Dakota has no such law. So if your prospective employer does an FBI check and takes it all the way back, you can expect your felony to show up and you will be denied this job.
If that is not your question, please use the reply tab below to ask it and I can add to my answer.

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