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  1. #1
    Join Date
    Jun 2010
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    3

    Default Will Sealed Convictions Show on the Background Check for a Doctor

    My question involves criminal records for the state of: New York

    I have 3 convictions on my criminal record, applied for job in hospital, in NYC, will they show on the background check?
    Starting residency, on a visa, have 1 ACD , sealed, cpl 160.50 and 2 disorderly conduct, sealed cpl 160.55( this is what my DJCS NY rap sheet shows). The background check is done, with fingerprinting, by the NY state office of mental health. Will these sealed criminal convictions show on the FBI background check? I have to fill many forms asking about criminal background, some ask about misdem and felonies, some about any offense, phrased in several ways.
    The last one was 3 years ago, 1st one 5 years ago.
    Thank you very much for any advice.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Doctor, 3 Sealed Convictions, Will They Show on the Background Check

    Not all background checks are equal.

    You said you were on a visa; is Immigration aware of the criminal history?

    Were you convicted before or after you obtained the visa?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Jun 2010
    Posts
    3

    Default Re: Doctor, 3 Sealed Convictions, Will They Show on the Background Check

    immigration is not aware, I didn't have to answer any question related to criminal record because this was a change of status, the convictions happened before the visa was approved

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Doctor, 3 Sealed Convictions, Will They Show on the Background Check

    I really recommend you speak with an experienced immigration attorney; any conviction obtained either before, during or after an adjustment of status may seriously affect your standing once USCIS becomes aware of it.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Will Sealed Convictions Show on the Background Check for a Doctor

    The ACD wouldn't be a conviction unless you didn't successfully abide by the terms of the adjournment. (ACD = Adjourned in Contemplation of Dismissal. If you successfully complete an ACD sentence the charge is dismissed.)

    Were the other two conviction charges violations? I would expect a typical NY disorderly conduct offense to be a violation, as opposed to a misdemeanor, and if you didn't serve jail time there wouldn't be an entry in your state record from the violation - there would be a local record which presumably is what was sealed. That would significantly reduce the chances that an employer will detect your history, but we can't rule out the possibility.

  6. #6
    Join Date
    Jun 2010
    Posts
    3

    Default Re: Will Sealed Convictions Show on the Background Check for a Doctor

    yes, the other 2 are disorderly conduct, which is a violation. they are on the state rap sheet, I asked for it myself, but it says they are sealed.

    Dogmatique, I am in contact with an immigration lawyer so that aspect of this is not the main concern now, thank you for the advice

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