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.