Results 1 to 9 of 9
  1. #1
    Join Date
    Feb 2007
    Posts
    5

    Default Felony dismissed convicted of misdemeanor, can felony arrest record be sealed?

    NEW YORK.
    I was arrested and charged with Attempted Disseminating Indecent Material to Minors in the First Degree (felony) and Attempted Endangering the Welfare of a Child (misdemeanor). The felony charge was dismissed by the prosecutor and never went to a grand jury (there was no indictment). The misdemeanor charge went to trial and I was found guilty and is currently under appeal.
    I have two questions that are very important to me regarding employment (i haven't worked since my arrest):

    1) Can the record of the felony charge and felony arrest be sealed while the misdemeanor conviction remains intact?

    2) When faced with the question (related to employment) "have I ever been charged with a felony?" Am I legally required to respond that I have?

    3) When answering the same question (have i been charged with a felony) in a U4 form required by the NASD for certain jobs in the securities field, am I legally allowed to say I wasn't charged with a felony?
    [this is very important because no questions at all are asked regarding the misdemeanor which I was convicted of]

    I believe that the original complaint was made by a sworn statement (affidavit) written by the detective where he accused me of being guilty of both charges. When the prosecutor dismissed the felony, a prosecutor's information became the new charging instrument.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Felony dismissed convicted of misdemeanor, can felony arrest record be sealed?

    If the arrest record was public knowledge, there is no effective way to "seal" it.

    It's on someone's database somewhere.

  3. #3
    Join Date
    Feb 2007
    Posts
    5

    Default Re: Felony dismissed convicted of misdemeanor, can felony arrest record be sealed?

    There was no publicity surrounding this case. I was looking more for a legal response, not whether or not an arrest can be effectively sealed. As in: can someone legally say (under circumstances regarding employment) they have never been arrested if their arrest was sealed by the courts?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Felony dismissed convicted of misdemeanor, can felony arrest record be sealed?

    Quote Quoting underappeal
    View Post
    1) Can the record of the felony charge and felony arrest be sealed while the misdemeanor conviction remains intact?
    Quote Quoting aaron
    View Post
    New York law permits expungement of arrest records where the charge is resolved in favor of the arrested person:
    Quote Quoting NY Criminal Procedure Section 160.50
    1. Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision three of this section, unless the district attorney upon motion with not less than five days notice to such person or his or her attorney demonstrates to the satisfaction of the court that the interests of justice require otherwise, or the court on its own motion with not less than five days notice to such person or his or her attorney determines that the interests of justice require otherwise and states the reasons for such determination on the record, the record of such action or proceeding shall be sealed and the clerk of the court wherein such criminal action or proceeding was terminated shall immediately notify the commissioner of the division of criminal justice services and the heads of all appropriate police departments and other law enforcement agencies that the action has been terminated in favor of the accused, and unless the court has directed otherwise, that the record of such action or proceeding shall be sealed. ...
    There does not appear to be any similar procedure for sealing arrest records in the event of conviction, even on a lesser charge.
    Quote Quoting underappeal
    2) When faced with the question (related to employment) "have I ever been charged with a felony?" Am I legally required to respond that I have?
    You would be expected to answer truthfully, and you were charged with a felony. Most employers only inquire about convictions.
    Quote Quoting underappeal
    3) When answering the same question (have i been charged with a felony) in a U4 form required by the NASD for certain jobs in the securities field, am I legally allowed to say I wasn't charged with a felony?
    Again, you were. (NASD = National Association of Securities Dealers?)

  5. #5
    Join Date
    Feb 2007
    Posts
    5

    Default Re: Felony dismissed convicted of misdemeanor, can felony arrest record be sealed?

    I guess the confusion lies in what sealing the record actually means. If it means that in an FBI background check done by employers, that the record will not surface, it would be okay to answer that you have not been arrested. If sealing the record means that it will still show up in any standard background check, what is the point in having it sealed?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Felony dismissed convicted of misdemeanor, can felony arrest record be sealed?

    From what you have stated, it appears that you were convicted of an offense arising from the accusatory instrument and aren't eligible to have the record sealed. If so, it's a moot issue.

  7. #7
    Join Date
    Feb 2007
    Posts
    5

    Default Re: Felony dismissed convicted of misdemeanor, can felony arrest record be sealed?

    does it make a difference that there was a new accusatory instrument?

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Felony dismissed convicted of misdemeanor, can felony arrest record be sealed?

    I'm not going to guess based on documents I haven't seen, in a case where I have no familiarity with the procedural history. If you had a criminal defense lawyer for this charge, try consulting your lawyer.

  9. #9
    Join Date
    Feb 2007
    Posts
    5

    Default Re: Felony dismissed convicted of misdemeanor, can felony arrest record be sealed?

    Let's go back to the previous question though...if the charge of the felony is sealed, do i have to admit it if i'm asked?

    1. Sponsored Links
       

Similar Threads

  1. Expungement and Sealing: Can I Get a Record Sealed for a Felony
    By cd34 in forum Criminal Records
    Replies: 4
    Last Post: 12-08-2010, 12:30 PM
  2. Expungement and Sealing: What's the Impact of a Dismissed and Sealed Felony
    By Mjavier8 in forum Criminal Records
    Replies: 1
    Last Post: 12-02-2010, 02:11 PM
  3. Expungement and Sealing: Dismissed and Sealed Felony
    By Mjavier8 in forum Criminal Records
    Replies: 1
    Last Post: 12-02-2010, 01:57 PM
  4. Hiring: Can I Go Back to Work If My Felony is Dismissed and Sealed
    By Mjavier8 in forum Employment and Labor
    Replies: 1
    Last Post: 12-02-2010, 01:55 PM
  5. Criminal Records: Felony Arrest Record for a Misdemeanor
    By Dcud53 in forum Criminal Records
    Replies: 2
    Last Post: 02-04-2009, 09:51 PM
 
 
Sponsored Links

Legal Help, Information and Resources