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To submit a New York criminal law question, Email me at RSouthard@SouthardLaw.com

Tuesday, October 18, 2011

Will my prospective employer see that I was arrested?

One of the most frequently asked questions I receive is some variation of, "I am applying for a new job, will my prospective employer see ___________ on my criminal record?"  Typically, sealed records should not be visible by prospective employers, however, I have heard stories where they show up, especially if the job involves law enforcement, government agencies, or jobs that require professional licenses.  Despite what we attorneys think should show on your record, the only sure way to know what's on your record is by getting a copy of the record yourself. Fortunately, you do not need an attorney to request your own Record Review. The following information is from the official New York State Division of Criminal Justice Services website:


IF YOU LIVE IN NEW YORK STATE
You need to schedule an appointment with L-1 Identity Solutions as they are contracted with New York State to provide this service. They have approximately 100 fingerprinting sites throughout the State and even have some that offer evening and weekend hours. They may be contacted at 1-877-472-6915 or via their website www.L1enrollment.com. You will be required to provide two acceptable forms of identification when you appear for your appointment.


IF YOU LIVE OUTSIDE NEW YORK STATE
You need to contact the DCJS Record Review Unit at 518-485-7675 or 518-457-9847 to request a cardscan packet which you need to complete and send to the L-1 Identity Solutions address on the application.


HOW MUCH DOES IT COST?
The current processing fee is $61.50 ($50.00 DCJS processing fee and $11.50 L-1 fingerprinting fee)

HOW LONG DOES IT TAKE?
Seven to ten business days from the time DCJS receives your fingerprints from L-1

WHAT IF THERE IS A MISTAKE ON MY RECORD?
When you receive your record from DCJS, you will also receive information on how to challenge any aspect of your criminal record.

ADDITIONAL RESOURCES:
New York State Division of Criminal Justice Services
www.reasonabledoubtny.com


Legal disclaimer: All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com



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