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  1. #1
    Join Date
    Oct 2008
    Location
    Upstate NY
    Posts
    3

    Question How Long Does a Misdemeanor Stay on Your Criminal Record in New York State

    My question involves a background check in the State of New York. I shared a joint checking account with a boyfriend (now ex-boyfriend) in roughly 2004, I am unsure of the exact date and year. He bounced several checks on the account and we were both charged with passing a bad check being that I was primary on the checking account. I didn't serve any jail time or do any community service, I was just told to pay restitution, which I did. My question is how long will that charge stay on my criminal record and will it always come up in a background check? I have been turned down for countless jobs due to this issue and want to know what I can do to clear it up.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,294

    Default Re: How Long Does a Misdemeanor Stay on Your Criminal Record in New York State

    In no state does a charge of any degree automatically disappear from your criminal record at any given time. Once it's there, it's there forever.

    You can look into having it expunged (I don't know what the regs are in your state) which in actual fact does not eliminate it from your record; just limits who can see it. If this is possible (as I said, I don't know if it is or is not in your state) this would at least help you with the employment situation unless you apply for a job with law enforcement or which would require a security clearance. It is my understanding (someone can correct me if I am wrong, which I may be; expungements are not my area of expertise) that in these cases it will show at the very least that you have an expunged charge - it may or may not show what the charge is,

    Whether or not any given item will show up on a background check depends entirely on what information is requested in the check. All background checks are not created equal.

  3. #3
    Join Date
    Oct 2008
    Location
    Upstate NY
    Posts
    3

    Question Re: How Long Does a Misdemeanor Stay on Your Criminal Record in New York State

    How would I go about expunging the charge from my record? I don't even know the year it happened. Will I need specific information? Where would I go to get the ball rolling. Thanks so much for your help.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,294

    Default Re: How Long Does a Misdemeanor Stay on Your Criminal Record in New York State

    I am not in your state; try checking with the court clerk in the jurisdiction where it happened. Or someone else may have more specific information.

  5. #5
    Join Date
    Oct 2008
    Location
    Upstate NY
    Posts
    3

    Default Re: How Long Does a Misdemeanor Stay on Your Criminal Record in New York State

    Thanks so much. Hopefully someone has some information within the court system that will be helpful.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: How Long Does a Misdemeanor Stay on Your Criminal Record in New York State

    New York doesn't expunge convictions. (New York law permits expungement of arrest records where the charge is resolved in favor of the arrested person.) You may qualify for a certificate of rehabilitation or relief from disabilities. You might want to talk to an attorney.
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