Legal Question in Employment Law in New York

Question regarding penal law 210.45

A long timew ago ~ 15 years I was arrested for petty larseny. I got a lawyer and went to court my records I belive were expunged and my fingerprints and mugshots or the fbi files were sent back to me. I do however belive that I pleaded guilty to the offense. The question is when applying for a job now specifically with the court system as a court assistant what do I reply to questions oabout ever being convicted of a crime or offense against the law? If I say no am I in violation of penal law 245.10. Or is my past non existent considering my records were sent back to me?


Asked on 1/21/06, 2:38 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Question regarding penal law 210.45

If you lie about being convicted of a crime to the Court system and they learn of the expunged records, it will be valid grounds to terminate your employment. There is case law dealing with

it.

Better to tell the truth about the record

and not have to worry about it, but if its a juvenile record or something like a wrongful conviction, explain it.

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Answered on 1/22/06, 12:16 am


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