Legal Question in Employment Law in New York
For the purposes of an application for employment in the public sector (specifically a job in a local jurisdiction-not a school system, but a county, village, town or special district), must the question regarding whether one has been convicted be answered YES if one has merely been arrested and the record has been sealed or expunged? And fingerprint cards were returned?
Asked on 10/25/11, 9:20 pm
1 Answer from Attorneys
Arnold Nager
Arnold H. Nager, Esquire
An arrest is not a conviction. You only need to answer yes if you were convicted of the charge or any lesser included charge. Since you state that the record was sealed, it would appear that you were not convicted and can answer no.
Answered on 10/27/11, 2:54 am