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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11806
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I'm not sure what this issue falls under but here goes: My

Customer Question

I'm not sure what this issue falls under but here goes:
My sister applied for a job as a case manager for the United Helpers organization in northern New York State. She was hired pending a child protective services background check. when she interviewed they asked if she had any prior arrests or charges against her. She didn't lie and told them she had charges brought against her 17 years ago when her boyfriend shoved her and hit her- he was on drugs at the time- and she grabbed the knife on the counter as protection. She did not use it except to get away from him and out the door with her 5 year old son. The boyfriend called the troopers and filed charges against her. Needless to say, they had a very violent relationship back then. She has not been with him for over 13 years. So now with this new NYS check through the office of children and family services which was just started, she may be fired from her current job as well, even though they knew about this when they hired her. My sister makes very little money as it is being a caseworker for UCP, so she can't afford a lawyer. What can she do about this?
Submitted: 2 years ago.
Category: Family Law
Expert:  Maverick replied 2 years ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
Was she convicted on any crimes and if so, what types and penalties were involved?
Customer: replied 2 years ago.
My sister was charged with disorderly conduct which is just a violation and because of the altercation in front of their son, she was charged with criminal mischief and endangering the welfare of a child. So this matter was taken up with child protective services. I'm not really sure of what the problem is other than when my sister's background check went through the new NYS CPS checkpoint, it came up with endangering the welfare of a child.
Customer: replied 2 years ago.
My sister has worked with her current employer for 7 years and also formerly worked for the employer that she just interviewed with last week for a new job for 3 years..According to this new law, this mark remains on her record until 10 years after her son's 18th birthday, which was 3 years ago. So, she won't be able to get a job in her field-social work- or keep her current job as a social worker/case manager because of this new law!!! She is being punished for something that happened 15 years ago! Can she fight this? Her current boss says she has to fire her because of this new law! Is there anything she can do??
Customer: replied 2 years ago.
Apparently this new "Justice Center" in NY,started by our illustrious governor, has everyone in a tizzy.My sister got no notification of her rights beforehand, and just got a notice after she applied for the new job and was told they couldn't hire her.
Customer: replied 2 years ago.
Are you still there??
Expert:  Maverick replied 2 years ago.
Yes, I just read what you wrote. I am going to opt out of this question to let another expert try to help you as this is beyond my area of expertise. You deposit is still in tact. Please do not respond to this message as it will lock the question back to me and other experts may not be able to view it.

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