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NYC Criminal Defense Attorney

Will I lose my job after my NYC arrest or conviction?


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 your career.

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 here.