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  1. #1
    Join Date
    Aug 2010
    Posts
    1

    Default Ran Some of the Best Criminal Background Checks but No Criminal Record

    My question involves a background check in the State of: New York City

    My 28 year old daughter had a misdemeanor charge Feb-2007 for petty theft and on the form she got from the NYC court it said Conditional Discharge date Feb-2008. She got no probation and no fine and no jail time. It did not say anywhere on her form if she was even convicted etc.

    We have ran 5-6 different detailed criminal background checks online costing a total of $350 including Intellus and Us search (which was featured on Wall Street and NBC as the best). Plus we ran couple of them that Hot jobs, Careerbuilder and Monster said employers would use to search.

    All the checks came back clean. There was no record or arrest of anything in the state of NY or nationwide. I am just assuming that seen she had no past record and was a first time offender, she was never convicted?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Ran Some of the Best Criminal Background Checks but No Criminal Record

    A conditional discharge is not a conviction, and carries no criminal record, unless the defendant does not meet the terms of the discharge.

    Usually, terms of conditional discharge include probation, fines, or both, but not always.

    Apparently, she needed only stay out of trouble for a year after she was charged.

  3. #3
    Join Date
    Aug 2010
    Posts
    2

    Default Re: Ran Some of the Best Criminal Background Checks but No Criminal Record

    you only refer to a "charge" fpr petty theft, but you don't indicate the disposition. if it was a misdemeanor conviction via a plea or trial jury, she still could have received a conditional discharge even tho there was no fine or jail

    if she pled guilty say to a violation like disorderly conduct, she could also have received a conditional discharge with no fine or jail

    if she was convicted of a misdemeanor in NY and the background search only searched the county court, it may have missed the misdemeanor which is usually filed in a city/municipal court

    but usually checks in NY go through the Central Office Of Court Administration which pick up misdemeanors

    did she plead to a violation or was she convicted of the misdemeanor?

  4. #4
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Ran Some of the Best Criminal Background Checks but No Criminal Record

    Like the op said she was charged with a misdemeanor but it might have been reduced to a violation or she might have got an acd. In new york a conditional discharge doesn't always seal the case. It is sort of like probation but with no court supervision or po . An acd would technically be like she never got arrest and it would seal the case. A reduction to a violation would also seal the case but not as much. Since it was her 1st arrest an acd or reduction is offered in many cases to avoid a criminal record.

    She should go the court house and get a disposition of the case,I think it's called. It should between 5-15 dollars,it would list the charge and the final result.

    http://law.onecle.com/new-york/penal....05_65.05.html

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