Legal Question in Criminal Law in New York

I am going through the background check process at Goldman Sachs but worried cause I have a case which was sealed a year ago. It was a misdemeanor and dismissed (fake ID when I was underage). My question is, would they be able to see this in any way (I had to get fingerprinted) and if so can they deny me the position? If they do deny me the position, is it because of compliance with the company or more opinionated on what they think they should do? Case was in MA, but job will be in NY.


Asked on 3/21/11, 11:13 pm

1 Answer from Attorneys
S. MICHAEL MUSA-OBREGON NY Musa-Obregon & Associates

Depending on the level of scrutiny and whether they run an FBI check, your relatively minor arrest for having a false id may surface. However, depending on the phrasing of their employment questionnaire, you may or may not be required to disclose it. Last time I checked, it was improper for a non-governmental employer in NY state to query about arrests; they could only inquire about convictions. Since this is a high-powered job at a blue-shoe organization, you don�t want to blow it by making the wrong decision, notwithstanding the ethical issues involved. Please feel free to call me at 917-224-5497 for a brief telephone consultation.

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Answered on 3/24/11, 8:58 pm


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