If I have a sealed misdemeanor case can an employer still see it? 5 Answers as of September 12, 2013

I have a sealed misdemeanor case in New York I live in Florida now trying to apply for jobs but on the applications. I see they ask if you have any misdemeanor, should I lie or can they see that if they do a background check now? I have done background checks on myself but never see it. What should I do? These jobs are office jobs.

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Law Offices of Kate Mesic, PA
Law Offices of Kate Mesic, PA | Kate L. Mesic
In Florida, once your record has been sealed, you have the right to answer "no" on a job application. There are exceptions. Please visit http://mesiclaw.com/areas-of-practice/criminal-records/ for more information.
Answer Applies to: Florida
Replied: 9/12/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
You probably have a Disorderly Conduct or ACD dismissal, not a sealed 'misdemeanor'. The Albany computer they use will not show any sealed dispositions. That is not a "conviction" so you can answer "no", you do not have a criminal conviction.
Answer Applies to: New York
Replied: 9/5/2013
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
No attorney will ever advise you to lie. There are many different types of background checks so whether it will show is impossible to answer. New York does not seal misdemeanor convictions except in rare drug treatment cases. It is possible that you may have been initially charged with a misdemeanor but that the charge was reduced or dismissed leaving you without a criminal record. I suggest you get a certificate of disposition from the court clerk where the case was brought to find out exactly what happened in your case. Then you will know what to answer on future applications. Good luck.
Answer Applies to: New York
Replied: 9/5/2013
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
If you lie and are caught, then that is usually grounds for automatic dismissal. Be careful about your actions here. You don't want to gain employment, do well over time and then, one day out of the blue, they find it when they want to make you a Manager or something and it shows up. Better to tell them now and let them waive it.
Answer Applies to: New York
Replied: 9/5/2013
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
Do not lie on a job application. An attorney in Florida usually will not know how things are sealed and expunged in New York.
Answer Applies to: Florida
Replied: 9/5/2013
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