Legal Question in Criminal Law in New York

Can a petty theft misdemeanor be cleared in NY, it's effect me lading a job?

I live in NY specifically Dutchess County which is upstate NY. Back in August of this year I shop lifted with a value of $200-300 from a department store, yes I know stupid move. At the time I was working as a contracted analyst at a bank and didn't realize the effect of this arrest. The public defendant in October told me that I will be receiving a misdemeanor and to complete the Shoplifter's Alternative Program(SLAP), she also gave me letter stating if I complete the online program and stayed out of trouble my case will be dismissed after 6months. Now in the same month of October my contract expired and up till now I have been applying and going for interviews at banks, & corporations but I never get a call back after final round interviews. I finally was offered a contracted job at a financial institution, they even had my desk ready for me to begin work but the temp agency I went through to get the position said I had a red flag came up on my background check. Next thing I know a few days later the temp agency says I can't work for that specific financial institution and they can't work with me until the misdemeanor is cleared.

Now it is November, and I have a few questions:

1.I want to know if I can get the misdemeanor removed from my record or not shown on background test. I went to school for finance, this is the only profession I can do and by the looks of it no company will hire me.

2.I was told by a temp agency that no financial institution will hire me with a petty theft misdemeanor since they do background checks, now is it possible to do a financial job in another industry without being rejected?

Any advise will be helpful, thanks.


Asked on 11/21/12, 2:48 pm

1 Answer from Attorneys
Arkady Bukh Bukh Law Firm, P.C.

It sounds like you got an ACD and after the 6 month period and if you completed the SLAP program this will be sealed and not appear on your record. If this was August, that would be approximately sometime in February. At the end of February, pull your record and make sure this no longer appears.

However, as far as getting this expunged before that 6 month period is not likely as your misdemeanor was possibly considered a criminal misdemeanor as it was in essence theft. Yes, having theft on your record can most definitely keep you out of the financial field.

So, what to do until February, well definitely consult an attorney with your paperwork to be sure I have the time periods correct. Then you have a college degree, you might try to get temp jobs in a nonfinancial area until this misdemeanor becomes sealed. Again speak with an attorney to make sure that it IS sealed when it is supposed to be. In NY only non-criminal misdemeanors can be expunged, but the judge did you a favor with the ACD so it will be sealed. Just keep your eye on it and when that is accomplished you can go back into the financial field probably.

Make sure you comply with all of the court's orders such as the SLAP program.

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Answered on 11/26/12, 1:33 pm


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