nikesuper2009
New Member
My jurisdiction is: New York
I was charged with Petty larceny ($60) end of may 2009 at Macys, NY,NY. I paid $300 at the retail store and my attorney got an ACD with 3 days community service as a resolution. I will be done with the community service by July 20th 2009. I have a spotless record (great credit history and no other police records) and have lived in the US for over 5 years.
Here are the issues that complicate the matter.
- I am applying for a new job (in advance stage of interview) in finance industry. If they do the background check before 6 months then employer will know about my record. How bad is it with ACD? Will I never get a job in finance industry again? If the background check is done after 6 months, will employer never be able to find out about this incident? In that case can I tell the new employer that I have never been arrested?
- Do you know of any way I can get answer to whether financial institutions see this as a BIG issue or not (I am thinking of calling HR of one of the companies and discuss without disclosing my identity, although seems impossible that they will disclose any information)
- After 6 months, can I legally say I was NEVER arrested? I have acatully in past asked the question about arrest. I guess I can say that I was NEVER convicted but not sure how I can handle "arrest". I know the rules in NY are very specific about this
- Is there some agency that regulates the background check agencies about what they can or cannot disclose? Can they disclose "sealed" records to employer? I think FCRA (fair credit report act) governs some of it, but any thoughts? I called up BIG (Business Information Group) that exclusively focusses on financial institutions and doing background checks for them but they could not disclose much. I also called Kroll and they confirmed that the law prevents them from reporting a case that is sealed. But they did not tell me which law
- I am on H1B which expires end of sept 2009. I have approval for the new H1B but need to get it stamped outside of the US on my passport. Do you recommend I do it after 6 months or it does not matter as long as I have ACD letter because immigration will be able to see the records anyway?
- I am traveling for 4 days at the end of July 2009 to Canada. If I have completed my community service, is that enough to not have an issue coming back in the US? Is there a risk at this time and I should cancel all travel plans until I get the ACD letter and letter confirming completion of community service? I thought that my case qualifies for an "exception" and hence I will not face any issues. But please let me know
- if I do travel, can you please let me know what is it that I must carry with me to proove that case is ACD and that I have completed community service. Given that I will complete the community service on July 20th and will travel in 3 days, can the court give some document so quickly proving I have done my community service?
- When and how will I get a court document about recieving and ACD?
- What is the difference between "expunge" and "seal"? In addition to having my records sealed at end of 6 months, do I also need to expunge?
- the next date for court is Sept 15th, will my attorney be able to move it in the mid August to seal the case there and then? So I don't have to wait 6 months. Can this be done? In other words, can the 6 months wait period for case to be sealed/discmissed be reduced?
- Will it prevent me from proving "good moral character" in future?
- What is your opinion on contacting District of Attorney of NY county to withdraw the retailer's case. Has anyone tried that and how do the consequneces of retailer withdrawing the case differ from ACD that I currently have in terms of time and long term impact on job opportunities?
- I subscribed to a "background check" online service and found no record about myself, what does that tell me? I am sure the criminal record exists, how can I test whether it is available for public to view. Can you suggest a good criminal background check agency?
I am VERY worried, it is an absolute nightmare. Please help ASAP !!!
Thanks.
I was charged with Petty larceny ($60) end of may 2009 at Macys, NY,NY. I paid $300 at the retail store and my attorney got an ACD with 3 days community service as a resolution. I will be done with the community service by July 20th 2009. I have a spotless record (great credit history and no other police records) and have lived in the US for over 5 years.
Here are the issues that complicate the matter.
- I am applying for a new job (in advance stage of interview) in finance industry. If they do the background check before 6 months then employer will know about my record. How bad is it with ACD? Will I never get a job in finance industry again? If the background check is done after 6 months, will employer never be able to find out about this incident? In that case can I tell the new employer that I have never been arrested?
- Do you know of any way I can get answer to whether financial institutions see this as a BIG issue or not (I am thinking of calling HR of one of the companies and discuss without disclosing my identity, although seems impossible that they will disclose any information)
- After 6 months, can I legally say I was NEVER arrested? I have acatully in past asked the question about arrest. I guess I can say that I was NEVER convicted but not sure how I can handle "arrest". I know the rules in NY are very specific about this
- Is there some agency that regulates the background check agencies about what they can or cannot disclose? Can they disclose "sealed" records to employer? I think FCRA (fair credit report act) governs some of it, but any thoughts? I called up BIG (Business Information Group) that exclusively focusses on financial institutions and doing background checks for them but they could not disclose much. I also called Kroll and they confirmed that the law prevents them from reporting a case that is sealed. But they did not tell me which law
- I am on H1B which expires end of sept 2009. I have approval for the new H1B but need to get it stamped outside of the US on my passport. Do you recommend I do it after 6 months or it does not matter as long as I have ACD letter because immigration will be able to see the records anyway?
- I am traveling for 4 days at the end of July 2009 to Canada. If I have completed my community service, is that enough to not have an issue coming back in the US? Is there a risk at this time and I should cancel all travel plans until I get the ACD letter and letter confirming completion of community service? I thought that my case qualifies for an "exception" and hence I will not face any issues. But please let me know
- if I do travel, can you please let me know what is it that I must carry with me to proove that case is ACD and that I have completed community service. Given that I will complete the community service on July 20th and will travel in 3 days, can the court give some document so quickly proving I have done my community service?
- When and how will I get a court document about recieving and ACD?
- What is the difference between "expunge" and "seal"? In addition to having my records sealed at end of 6 months, do I also need to expunge?
- the next date for court is Sept 15th, will my attorney be able to move it in the mid August to seal the case there and then? So I don't have to wait 6 months. Can this be done? In other words, can the 6 months wait period for case to be sealed/discmissed be reduced?
- Will it prevent me from proving "good moral character" in future?
- What is your opinion on contacting District of Attorney of NY county to withdraw the retailer's case. Has anyone tried that and how do the consequneces of retailer withdrawing the case differ from ACD that I currently have in terms of time and long term impact on job opportunities?
- I subscribed to a "background check" online service and found no record about myself, what does that tell me? I am sure the criminal record exists, how can I test whether it is available for public to view. Can you suggest a good criminal background check agency?
I am VERY worried, it is an absolute nightmare. Please help ASAP !!!
Thanks.
