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When I was about 19 I got picked up for writing a bad check in NYC and had to deal with 3 months' worth of jail time as per New York law. Anyway I'm 32 now and obviously that part of my life is erased now, at least for me.
Unfortunately though, I still had to go down to the station, get a mug shot taken, get fingerprints taken, basically just go through the whole system, and obviously I ended up with a police record that's been detrimental to my employment because as soon as potential employers see I've been in the system & that I have a police record for check fraud they're obviously not going to want to hire me. It isn't that severe of a crime in my personal opinion but over and above that my personal opinion doesn't really matter, because I'm still having trouble finding a good-paying job because of this. At the time this happened I was a freshman at Fordham but obviously after everything that happened I had to drop out, but anyway even after I got out of jail what I did first when I gained the ability to was move from NYC to Pennsylvania and started attending Penn State, the college I ultimately graduated from. It looks pretty good when I apply for jobs and I'm sure I would have gotten many good job offers if it weren't for my record. The only jobs I can get are low-paying ones that aren't compatible with my abilities and I'd like something better than that.
I was wondering, is there any sort of way I could go to NYC and talk to the cops about this, maybe I could convince them to either seal my record or keep it confidential from future employers? Can that be done or is that totally crazy talk?
This is causing major strains to my life and because of this I haven't had it easy financially, so if you know any sort of way I could make this somehow go away that would be fantastic.
Every state is different but you need to file a motion in court with you court case and ask for an expungement. Take your diploma, et. al. With you. Good luck
You know, there's a thing called a "Search Engine" on the computer that, if you ask it to look for something like, say, "expunging criminal record New York" will show you where to get information like this that will tell you EVERYTHING YOU NEED TO KNOW and even provide you with links to further information! Ain't technology GRAND?
You don't generally get sent to jail for writing a small "bad check" or accidentally overdrawing your bank account. You may, however, get sent to jail for committing "fraud or theft by check," which nearly always involves a large amount of money and the clear intention to defraud or steal from the party you wrote the worthless check to.
In other words, it's theft. And that's why so many employers can't hire you. You are probably not bondable and that's a problem with lots of employers.
You may be able to get this expunged - I have no idea whether you can or not. Good luck.
Calling bull... no one gets three months is jail for one bounced check.
why on earth would I lie about something as serious as trying to employ myself? For crying out loud do you think I have nothing better to do with my time? Listen if you don't believe me, as someone previously said, google is a marvelous source of info. If you have any doubts, I highly suggest you look it up. Make sure it's the penalties for New York though. Unless it's changed since it happened 13 years ago for me. Ain't technology grand?
Also, if I were you I'd educate myself on the law slightly more, Mrs.Pitt Chick. I'm not even a lawyer but I do know that, judging by the fact I knew that the drawer didn't have sufficient funds to cover it, what I did was write a fraudulent check, something illegal in the state of NY and frankly every state. I had to pay around $550 which at the time I couldn't spare or I had 3 months jail time. I had no choice but to pick jail time.
So saddening how I have to justify myself & prove myself to purely suspicious minds.
I will stand corrected, this was not a case of a bad or bounced check. That is what I thought you were talking about in post#1.
This was - apparently - intent to commit fraud... a deliberate act of which you were convicted. Perhaps a lawyer can help...
Google lists many for this specific crime.
Quote:
Originally Posted by castle.knights
what I did was write a fraudulent check, something illegal in the state of NY and frankly every state.
Okay... writing a bad check is illegal, but what you did was worse.
I know that people bounce checks - and they pay the appropriate bank fee.
But none of those people are fraudulent, and none have a record because of a bad check or two.
Every state is different but you need to file a motion in court with you court case and ask for an expungement. Take your diploma, et. al. With you. Good luck
New York State does not provide for expungement. It doesn't exist in New York. You can, however, apply for something called a Certificate of Relief from Civil Disabilities. The conviction will still be of record, and the matter will not be sealed, but the certificate will bar entities from refusing employment due to the conviction, absent some exceptions.
why on earth would I lie about something as serious as trying to employ myself? For crying out loud do you think I have nothing better to do with my time? Listen if you don't believe me, as someone previously said, google is a marvelous source of info. If you have any doubts, I highly suggest you look it up. Make sure it's the penalties for New York though. Unless it's changed since it happened 13 years ago for me. Ain't technology grand?
Also, if I were you I'd educate myself on the law slightly more, Mrs.Pitt Chick. I'm not even a lawyer but I do know that, judging by the fact I knew that the drawer didn't have sufficient funds to cover it, what I did was write a fraudulent check, something illegal in the state of NY and frankly every state. I had to pay around $550 which at the time I couldn't spare or I had 3 months jail time. I had no choice but to pick jail time.
So saddening how I have to justify myself & prove myself to purely suspicious minds.
In my state 5000.00 or higher check fraud is a felony. 3 mo. seems severe anyway. Did you have priors?
And you needed 550.00 to bond out? I would have sold my soul AND first born to raise the cash.
When I was about 19 I got picked up for writing a bad check in NYC and had to deal with 3 months' worth of jail time as per New York law. Anyway I'm 32 now and obviously that part of my life is erased now, at least for me.
Unfortunately though, I still had to go down to the station, get a mug shot taken, get fingerprints taken, basically just go through the whole system, and obviously I ended up with a police record that's been detrimental to my employment because as soon as potential employers see I've been in the system & that I have a police record for check fraud they're obviously not going to want to hire me. It isn't that severe of a crime in my personal opinion but over and above that my personal opinion doesn't really matter, because I'm still having trouble finding a good-paying job because of this. At the time this happened I was a freshman at Fordham but obviously after everything that happened I had to drop out, but anyway even after I got out of jail what I did first when I gained the ability to was move from NYC to Pennsylvania and started attending Penn State, the college I ultimately graduated from. It looks pretty good when I apply for jobs and I'm sure I would have gotten many good job offers if it weren't for my record. The only jobs I can get are low-paying ones that aren't compatible with my abilities and I'd like something better than that.
I was wondering, is there any sort of way I could go to NYC and talk to the cops about this, maybe I could convince them to either seal my record or keep it confidential from future employers? Can that be done or is that totally crazy talk?
This is causing major strains to my life and because of this I haven't had it easy financially, so if you know any sort of way I could make this somehow go away that would be fantastic.
-Thanks
I'm not an attorney, and this is my opinion, not legal advise.
The cops aren't the ones that can do this. I would avoid talking to the cops if it were me.
You'll need to consult an attorney. Did you get a disposition of sentence? If you did, and had no additional criminal charges, usually within a year following your charge...you could possibly get this removed. To do that you would talk to the clerk of criminal court.
If you have your court papers read them to see whether you had a disposition. If you don't have a copy, visit the clerk and ask for a copy of your case.
Otherwise an attorney can get them from the court if you hire them to expunge your record. They could also explain what you do if you find out you did have a disposition of sentence.
I would also check the laws to see if you legally have to keep listing this 13 year old conviction.
ETA SEE POST 8 up-thread. Excellent advice.
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