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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

Unemployment Insurance Appeal Board Decision confirming claimant was separated from employment under non-disqualifying circumsntaces (as a result of a sealed ACD appearing on a background check) (2006)

  • Organization: State of New York, Unemployment Insurance Appeal Board, Administrative Law Judge Section
  • Document Type: Case law/admin decisions
  • Date Created: Monday, July 31, 2006
  • Submitted: Monday, July 31, 2006
  • Attachment(s): PDF

Claimant received an ACD on March 30, 2000. She worked for employer from 2004-2006 and answered "no" on job application when asked if she had ever pled guilty or no contest to, or been convicted of a crime. Background check performed when claimant applied for a job transfer revealed the improperly sealed ACD, leading to claimant's termination. When claimant initially applied for Unemployment Insurance Benefits, she was denied on the basis of misconduct (having falsified information on her job application). The decision of the Appeal Board reverses this decision, and finds that the claiman'ts answer of "no" to the question on the employment application about whether she had been convicted of a crime was correct.

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