Will I lose my job after my New York arrest or conviction?
Being arrested is a stressful experience. After the physical and psychological
shock of being treated like a criminal, you have to wonder about how your
arrest could harm you in the months and years to come. Although you're
presumed to be innocent, an arrest can lead to joblessness if your employer
finds out you got arrested. For some people, this is simply because of
the arrest and for others it is because of what they were arrested for.
Any conviction could make things worse.
You can't change the fact that you were arrested so what can be done?
Avoid conviction. Generally speaking, it is easier for your employer to fire you because
you got convicted than just because you got arrested. This is because
being arrested means someone is accusing you of a crime but it doesn't
mean that you did it. Being convicted means that a court has found you
guilty and it will be nearly impossible for you to convince your employer
that you are actually innocent after you've been convicted. So, you
can't control the fact that you were arrested but under the constitution,
you are entitled to due process which means that you have some control
over whether you are convicted. By avoiding conviction and fighting your
case, you will be taking an important step to protecting your job and
Get it dismissed. The State of New York has a
human right law that prohibits discrimination against certain people who were previously
arrested and/or charged with a crime. By getting your case dismissed,
you will have greater protection against being fired. Additionally, a
dismissed case should be sealed under
CPL 160.50 so it should not show up in a routine background check.
Fight to get it sealed (such as under
CPL 160.55 or
CPL 160.50). Getting your case sealed is another powerful way to reduce the risk
that you will have problems later. This is because sealing it will help
reduce the chance that it will show up in a background check later. Also, New York
human rights law contains some protection against discrimination against people with a
old, sealed criminal case.
If you have been convicted of a non-sexual misdemeanor or felony or a non-violent
felony and it has been over 10 years, you might be eligible to have it
sealed under a new sealing law in New York. You may be able to determine
if you can get is sealed