Navigating the complexities of criminal records and background checks can be particularly challenging for individuals with extensive criminal histories. In New York, state laws provide several mechanisms that can enable someone with numerous arrests and even serious charges, such as murder, to pass background checks, especially in employment scenarios.
Arrests vs. Convictions
One of the primary factors influencing whether a person’s criminal history appears on a background check is the distinction between arrests and convictions. Under New York’s Criminal Procedure Law § 160.50, if an arrest does not result in a conviction, the records are typically sealed. Sealed records are not accessible to most employers or the general public, effectively removing them from standard background checks. This means that multiple arrests without resulting convictions may not show up, providing individuals with a cleaner record despite a history of interactions with law enforcement.