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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27080
Experience:  Active member of the NYS bar since 1989
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I was arrested in NYC in 2005 (15/16) (theft). I applied to

Customer Question

I was arrested in NYC in 2005 (15/16) for misdemeaner (theft). I applied to work for board of education. They asked if i was ever arrested. I wrote no. They sent letter of termination due to arrest in 2005. I am 26 now.
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.


What's your question?

Customer: replied 1 year ago.
Do I automatically have a youthful offender status ?
Customer: replied 1 year ago.
What do I do ? I don't want to lose my job.
Expert:  Zoey, JD replied 1 year ago.

This was 11 years ago. If you were 15 it would have been a juvenile offense and not an adult offense. It should have been sealed.

If you were 16 you would be eligible for a Y/O but you'd have had to ask for it. It doesn't happen automatically.

Customer: replied 1 year ago.
If I had a juvenile offense and wrote that I was not arrested. Due to that. Does that mean I will lose my job ?
Expert:  Zoey, JD replied 1 year ago.

Juvenile arrests are sealed are not considered convictions but adjudications. Are you a teacher with an annual contract?

Customer: replied 1 year ago.
I am applying as a teacher. I just got hired by a public school. But in the process they received a letter about my arrest and to terminate me automatically.
Expert:  Zoey, JD replied 1 year ago.

The fact that you would lie about the arrest on an application for a government employer could be taken to reveal more about your character than the juvenile offense itself. Government employers can see a sealed arrest, and so the better position is to tell the whole truth.

You can try to argue that your matters were sealed and that you had the right to deny having a record. Maybe that will help you. Make sure you don't have a record by getting a certificate of disposition from the county clerk's office. That should tell you how the case was resolved and whether it was sealed.

Customer: replied 1 year ago.
I was told at court. That if I r was asked if I was arrested that I can say no. So basically I need to get my exact charges and contact the department of investigations to resolve it. Do you have any idea of whether it is time consuming ? Since I am suppose to start working end of August.
Customer: replied 1 year ago.
I also have been contracted for the department of education for 3 years and worked in other schools. Before this became an issue.
Expert:  Zoey, JD replied 1 year ago.

That's what I said above, that you had the right to deny your record. You can tell them that when you were in court your lawyer told you that you didn't have to admit to having a criminal record.

Then you can show them your certificate of disposition so that they can see your matter was sealed. To get one, you need to go to the county clerk's office where your case was pending with photo ID and $10 in cash. You can get it the same day.

Customer: replied 1 year ago.
Thank you