Sure, I was arrested. But what does it MEAN?
June 22, 2013 9:58 AM
YANML. Five years ago, I was (rightly) arrested for shoplifting in New York City. A public defender pled me down from a misdemeanor to a Disorderly Conduct charge, with the (apparently fairly standard for first-time offenders) addition that if I didn't get in trouble again for 6 months, my record would be cleared. I didn't get in trouble; presumably my record was cleared. But what does that actually mean? Is it like I've never done anything at all? If someone decided to dig for dirt on me, what would they find?
More details: After my arrest, I was taken to a police station, fingerprinted, and held for about 2 hours. I also made two court appearances in the course of dealing with this: the initial "trial" and then a visit 1 month later in which I had to pay my fine and show proof of my community service hours performed. Since then, there's been nothing.
I should note that I am not immediately concerned about people finding out about this—more idly curious. For one, I've been totally honest about everything with my therapist and partner, who have both helped me address the issues underlying the behavior, to the point where I haven't relapsed since the arrest. For another, I do not work in a profession where a criminal history (even an arrest history) would affect me much. Lastly, I have enough distance from the event (chronologically and emotionally) that I feel pretty comfortable owning up to it if I have to, and being frank and calm about both my culpability and the elements of depression/etc. that lead to my kleptomania.
More details: After my arrest, I was taken to a police station, fingerprinted, and held for about 2 hours. I also made two court appearances in the course of dealing with this: the initial "trial" and then a visit 1 month later in which I had to pay my fine and show proof of my community service hours performed. Since then, there's been nothing.
I should note that I am not immediately concerned about people finding out about this—more idly curious. For one, I've been totally honest about everything with my therapist and partner, who have both helped me address the issues underlying the behavior, to the point where I haven't relapsed since the arrest. For another, I do not work in a profession where a criminal history (even an arrest history) would affect me much. Lastly, I have enough distance from the event (chronologically and emotionally) that I feel pretty comfortable owning up to it if I have to, and being frank and calm about both my culpability and the elements of depression/etc. that lead to my kleptomania.
There are online businesses that will perform a background check for you for a small fee. You could see what turns up under your name.
posted by rancidchickn at 10:21 AM on June 22, 2013
posted by rancidchickn at 10:21 AM on June 22, 2013
First, I would try to find out if your record was automatically cleared after 6 months, or if you became eligible to file something to clear your record (expunge the conviction) after the 6 months.
Second, my understanding is that a standard background check (the type an employer would do) does not find expunged convictions. Some special background checks, like those done by the government for purposes of security clearances, find everything.
posted by insectosaurus at 10:29 AM on June 22, 2013
Second, my understanding is that a standard background check (the type an employer would do) does not find expunged convictions. Some special background checks, like those done by the government for purposes of security clearances, find everything.
posted by insectosaurus at 10:29 AM on June 22, 2013
For what it's worth, I'm a criminal defense attorney not licensed in New York, and I can't answer your question. And I don't mean, "I can't answer because that would be giving legal advice"; what I mean is, I don't know the answer. It really does depend on jurisdiction, and even possibly the county/court where your case was heard.
You want an answer from somebody who is specifically familiar with New York, and ideally with the court where you appeared. You may also want to inquire about your arrest and your prosecution as separate events.
If you remember the courthouse where you appeared, you could call them directly. Someone may be willing to help you, especially if you call later on a summer afternoon (say, after 3 pm). They might give you a quick answer, or they might be willing to check their files. You could also find a small, local law office within walking distance of that courthouse and ask the lawyer to walk over and check for you in exchange for a nominal fee. But you've indicated this happened a long time ago, and courthouse storage solutions are not always optimal.
If someone decided to dig for dirt on me, what would they find?
That's very, very difficult to answer. It's practically impossible to answer without actually trying to dig; but even then, it's possible that Acme Construction runs a search on you and finds X, Y, and Z, and then Ajax Company runs a search on you two months later and finds only X and Y. Or vice versa. In my personal, anecdotal experience, I've seen more instances where an event was missing from some public record than instances where an event was falsely attributed.
posted by cribcage at 10:40 AM on June 22, 2013
You want an answer from somebody who is specifically familiar with New York, and ideally with the court where you appeared. You may also want to inquire about your arrest and your prosecution as separate events.
If you remember the courthouse where you appeared, you could call them directly. Someone may be willing to help you, especially if you call later on a summer afternoon (say, after 3 pm). They might give you a quick answer, or they might be willing to check their files. You could also find a small, local law office within walking distance of that courthouse and ask the lawyer to walk over and check for you in exchange for a nominal fee. But you've indicated this happened a long time ago, and courthouse storage solutions are not always optimal.
If someone decided to dig for dirt on me, what would they find?
That's very, very difficult to answer. It's practically impossible to answer without actually trying to dig; but even then, it's possible that Acme Construction runs a search on you and finds X, Y, and Z, and then Ajax Company runs a search on you two months later and finds only X and Y. Or vice versa. In my personal, anecdotal experience, I've seen more instances where an event was missing from some public record than instances where an event was falsely attributed.
posted by cribcage at 10:40 AM on June 22, 2013
Speaking from personal experience, apparently it's quite common for the expungement to ACTUALLY happen since there's no real process to ensure that it does after 6 months. I had an ostensibly expunged charge on my record, but I haven't paid someone to dig through the records to ensure that it took place since it hasn't materially affected my life.
posted by thewumpusisdead at 11:29 AM on June 22, 2013
posted by thewumpusisdead at 11:29 AM on June 22, 2013
Should have said it's quite "uncommon".
posted by thewumpusisdead at 12:26 PM on June 22, 2013
posted by thewumpusisdead at 12:26 PM on June 22, 2013
My new hires are routinely screened for criminal convictions and it has happened several times that the screening has uncovered convictions that the prospective employee believed were expunged. Obviously, I have no way to know how many times they believed they had convictions that were expunged that do not turn up, but I know it has happened at least once because one employee was denied a security clearance based on a prior conviction that we did not find in our search. I'm afraid that no one can answer about your particular case because of the variance involved in the process from jurisdiction to jurisdiction as described by cribcage. I suspect that there is also variation from case to case within the same jurisdiction depending on the age of the conviction and the state of their records collection and reporting capabilities at the time of same.
posted by Lame_username at 12:54 PM on June 22, 2013
posted by Lame_username at 12:54 PM on June 22, 2013
You can and should call the public defender office who represented you; they can and will help you answer this question, though overwhelming caseloads may mean you need to make a few calls to make it happen. You were likely represented by the Legal Aid Society (212-577-3300); the Neighborhood Defender Service of Harlem (212-876-5500); or New York County Defenders (212-803-5100). You might also have been represented by an 18-B panel attorney. This might be more hit or miss in terms of getting additional help, but you can call the panel administration and they may be able to pass you along to your attorney or another to help you (212-676-0063). Start with Legal Aid, they are most likely to have represented you, unless you lived above 96th St. in Manhattan, in which case, try NDS.
posted by MeadowlarkMaude at 2:39 PM on June 22, 2013
posted by MeadowlarkMaude at 2:39 PM on June 22, 2013
If you can't get the Public Defender to help -- long ago, and probably minimal record keeping from such an offense, but still worth a try -- go to the courthouse where this occurred. Request a "certification of disposition" of the case. From there you can begin to check on the case number to see if the expungement occurred. It likely did NOT unless someone followed up at the time, but I think it can still be expunged if you want to pursue that now.
posted by mmf at 3:28 PM on June 22, 2013
posted by mmf at 3:28 PM on June 22, 2013
Generally speaking, expungement doesn't happen automatically. The record probably exists somewhere in some system. You've EARNED the right to have this expunged, so contact an experienced attorney who can check on this for you and guide you through the process. Even though you say you're not concerned about anyone finding out, it's actually more to the point that you followed the rules of sentence, thereby making amends. Insuring the record is expunged is part of that closure and a small peace of mind that you deserve.
posted by kuppajava at 8:04 AM on June 23, 2013
posted by kuppajava at 8:04 AM on June 23, 2013
If you get fingerprinted by your local police department (who will offer times for this service), you can request a criminal background check from the FBI. I know someone who had a similar situation to you, and their offense still shows up on their FBI check, with no indication of how the charge was handled or if it is still on the records in the state where they were arrested. They told me they were going to try to get it corrected, but I'm not sure if they ever did, or if that is even possible. I'll try and find out.
posted by OmieWise at 5:39 AM on June 24, 2013
posted by OmieWise at 5:39 AM on June 24, 2013
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posted by dfriedman at 10:18 AM on June 22, 2013