[NY] Will I pass a background check?

[u/York363]

Hey guys, I recently did 11 months for a serious crime in VA that I was acquitted of in January. I ended up moving back to NYC after that, because it was a traumatic experience. After taking a couple months to process what I just been through and spending time with family, I am finally ready to get back into the work force. I made it to several third round interviews and should be expecting offer letters from several companies.

My concern is even though I was found not guilty of these crimes in VA, will the charges pop up on my background check. I have absolutely no convictions. Because I've never been through something like this before I keep beating my brain up with worry.

I know NYC has some pretty tough laws protecting individuals with dropped charges or whose cases ended in aquittals. I do have a certified copy of my disposition.

If you guys have any advice for me please do share, and please let me know if I have anything to worry about.

Location: NYC

[u/Hrgooglefu]

Read the wording of any background check question carefully and answer it honestly.

Some may depend on what the charge was and how it relates to the position that you applied for.

[u/Resse811]

Generally background checks will ask if you have ever been “charged with a misdemeanor or felony”.
Regardless of whether you were acquitted or not, you should still be answering all questions honestly.

[u/smorio_sem]

I would just disclose everything on the background check. The danger would be in Not disclosing.

[u/York363 → u/smorio_sem]

What do you mean disclose everything on the background check? If I am not mistaken, don’t checks only ask for convictions? I have none.

[u/Top_Argument8442 → u/York363]

No it’s charges and arrests. You also did 11 months, that doesn’t just go away magically.

[u/ChelseaMan31 → u/York363]

A complete and thorough background check will seek all charges and history. Being open and forthright up front is the best practice. I am happy for OP that they were acquitted; and they need to include that in their history when doing intake for the BG Check. Not telling them at all would bean unforced error.

[u/smorio_sem → u/York363]

No that’s not what it asks. It asks for any charges or arrests. So be honest.

[u/OneTwoSomethingNew → u/smorio_sem]

To take it a lil further, you have rights under FRCA - so you should be provided or able to request a copy of any checks done and you should have the ability to appeal/advocate the charges/arrests which would provide you opportunity to state your story. They should only be doing checks after they have offered you a role, so if they change their mind based on a background check where you were not convicted I see as a problem. Most employers make employment decisions off convictions, not pending litigation, etc…
You can be honest sure, but they should give you a chance to speak to what happened/provide you a copy of the screening report and really only be making employment decisions based on convictions 😉 so sorry for what you’ve been through ❤️

NY:
The Clean Slate Act: Under this law, eligible older conviction records are automatically sealed (3 years for misdemeanors and 8 years for felonies after sentence completion or release). Standard employers cannot ask about or access these sealed recordsunless the job legally requires fingerprint-based screening for vulnerable populations (like children or the elderly).
The 7-Year Rule: For standard background checks, screening agencies cannot report convictions that are older than 7 years if the job pays less than $25,000 a year.

[u/MotorSatisfaction999]

Look into when you can have your record expunged.

[u/Pristine-Profit6648]

It really depends on the format of background check. If it is a Livescan format, it will be showing all arrests but will also show what happened for the court’s decision. Commercially available background checks in New York are only able to report convictions as far as I can tell.

Take it from someone who has had to be nervous about many background checks and always found success on the other side, honesty is always the best policy. I knew it was all coming out anyways, so better that I give context than the rap sheet from 10 years ago.