Legal Question in Employment Law in New York

I was fingerprinted and information came back of an arrest. I have never been convicted of a crime (felony or misdemeanor) nor have I ever served any time on probation. The charges against me were dropped and I was hereby released having never seen a judge or gone to trial. The Board of Education is asking me to submit to them all the document surrounding the arrest and I feel as though they are trying to try me for the arrest. I told them I have the documentation which shows I was released and never went to a hearing and the State Attorney announced they would not continue to investigate. What law do I have to protect me or what should I provide to the fingerprinting department?


Asked on 2/17/11, 11:12 am

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

The Department of Education tries to protect children from having contact with individuals guilty of actions involving moral turpitude. Therefore, they fingerprint applicants for employment and search arrest records.

Your arrest may not necessarily disqualify you for employment. Explain the facts and circumstances and see what happens.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts. I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change. As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 2/19/11, 12:36 pm


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