“I run county criminal record searches in New York, and I get misdemeanors.”
We have heard this one too many times and need to set the record straight. New York State is extremely unique when it comes to how criminal records are created and maintained.
The uniqueness stems from the fact that the county courts in New York only hear felony charges. Misdemeanors are heard in other courts, separate from the county.
So, the logical question is, where are all those misdemeanors? Unlike other states where misdemeanors and felony records are heard at the county level courts, misdemeanors in New York are heard at the local, town, and city court levels.
Felonies are heard at the county court level. And, misdemeanors are not reported up to the county courts at all.
Locating Misdemeanors
That means, if an employer only runs county criminal record searches in New York, they are not getting all misdemeanors. If they do have a misdemeanor record, it is only because it started out as a felony and was pled down.
Usually this doesn’t happen, but in some cases the county court will wrap up the case with the plea and then have a misdemeanor record in its files. That doesn’t mean the employer is obtaining all misdemeanor information available on a subject though.
Employers may think that getting felonies only is alright. However, before settling on that, we urge you to click Here. This is a quick example of those crimes missed by an organization that would do only county level searches within New York State.
There are a lot of misdemeanors that have a bearing on a person being the right fit for a job. Without that knowledge, employers end up making poor hiring decisions that cost them in the long run.
As an educational leader, we are extremely hesitant to recommend county-by-county criminal record searches in New York.
Some misdemeanors CI has uncovered that a county criminal search did not include are: Criminal Possession of a Weapon, Operating a Motor Vehicle Under the Influence, Endangering the Welfare of a Child, and Criminal Possession of a Controlled Substance.
See even more misdemeanors found with CI by clicking Here.
A Unique Solution