Legal Question in Criminal Law in New York

Question regarding proper disclosure on job application:

How do you answer a question, "Anything in your past that would prevent you from getting a medical license or from having hospital privileges?" if you received an Adjournment in contemplation of dismissal, and the case was dismissed (and sealed) for petit larceny about 7 years ago. This is for a medical residency application that will be sent to several different states.

I understand an ACD is not a conviction, that different states have different laws regarding background checks in regards to arrest records, and that sealed ACDs are not available to most employers with a few exceptions: gun licensing, government and law enforcement agencies AND according to some sources a job that requires you to work with elderly, disabled and other vulnerable populations.)


Asked on 7/16/13, 12:36 pm

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

You answered your own question. From what you said you have never been convicted of a crime and that is the only legitimate question a prospective employer can lawfully ask. You may contact my office @ 7188340087 for more info

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Answered on 7/16/13, 2:00 pm


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