Concerns about sealed records and limitations
Questions & Answers
What does sealing a person’s criminal record really mean?
- Sealing a record means that it’s no longer publicly accessible, though it may still exist. Sealing can apply to criminal records, court documents, or other types of records.
Sealed criminal records
- In New York, sealed criminal records are hidden from the public, but they still exist.
- Sealed records don’t appear on criminal background checks.
- Only certain people can see a sealed record, including the record holder, law enforcement, and government agencies.
What are the benefits of sealing a record?
- Sealing a record can help people get a fresh start and find employment, housing, and educational opportunities.
- Sealing documents protects the privacy of people involved in legal proceedings.
How do you seal a record?
- Sealing a record is usually done by court order.
- The application process can be complicated, so it’s best to consult with an experienced attorney.
- In NY They are setting up a process to automatically seal records but that process is still years away estimated date sometime in the year 2027.
State laws vary
- Sealing laws vary by state, and some states and federal courts don’t recognize sealing records.
- California: Has a clean slate law
- Colorado: Has a clean slate law that will automatically seal records in July 2025
- Connecticut: Has a clean slate law
- Delaware: Has a clean slate law
- Michigan: Has a clean slate law
- Minnesota: Has a clean slate law
- New Jersey: Has a clean slate law
- New York: Has a clean slate law that went into effect in November 2024
- Oklahoma: Has a clean slate law
- Pennsylvania: Was the first state to pass a clean slate law in 2018
- Utah: Has a clean slate law
- Virginia: Has a clean slate law
What Jobs can’t I possibly get with a sealed record?
- Agencies including courts and the corrections departments
- Federal and state law enforcement
- State entities responsible for issuing firearm licenses
- Employers when you apply for a peace officer or police officer job
- Basically any Job that allows you to carry a firearms
What should I say if an employer asks me about my sealed convictions?
- Employers that are otherwise required by law to conduct “fingerprint-based” criminal history checks, such as employers in childcare, eldercare, and disability care, will have access to records that would otherwise be sealed under the Act.
To get a better understanding of Sealed Records.
- This basically means a lot but not all private companies that are Not Government related will not be able to see sealed records, your mom-and-pop businesses, places like target and supermarkets or small corporation’s start-up businesses places that may have hired you anyway based on you having a record such as labor-intensive jobs, computer-based knowledge or Artistic Jobs.
- Other jobs that lead to a real career such as Doctors, Lawyers and Teaching etc.. these so called dream job professions will be able to see it, if they conduct background checks that tie into required checks that occur in relation with federal agencies, the FBI and the State and a lot of Professions, although they might not stop you from learning many of these type of professions such as Lawyers have associations that have to accept you they most likely they will deny you based on your past history wither sealed or not.
Exempt Employers
- Employers that are otherwise required by law to conduct “fingerprint-based” criminal history checks, such as employers in childcare, eldercare, and disability care, will have access to records that would otherwise be sealed under the Act. Meaning that althought these jobs are not required to have a gun they will still be allowed to see your records becouse you are dealing with the care of people they deem vulnerable.
What should I say if an employer asks me about my sealed convictions?
- New York law permits you to answer “no” if all your criminal convictions have been sealed. If one of your convictions is still unsealed, New York law permits you to disclose only the unsealed conviction.
What if a job wants me to get a fingerprint check?
- Sealed convictions should not show up on some background check run by an employer or licensing agency, unless you are applying for a job as a police officer or a peace officer or you are applying for gun license or the company has FBI level checks or Exempt.
After I receive a court order confirming sealing of my convictions, how can I verify that my convictions have been properly sealed in court databases?
- DCJS sometimes fails to properly seal convictions. If convictions are not properly sealed, they may still show up in court databases and on background checks. As such, it is a good idea to contact DCJS to verify that your convictions are properly sealed.
I'm Broke I can't afford a lawyer and Legal Aid is backed up and cant help me.
How do I do this on my own?
To seal a criminal record in New York, a person needs to first verify their eligibility, then gather necessary documents, complete and file a sealing application, and potentially attend a hearing if the District Attorney objects.
Steps to Sealing:
- Obtain a Criminal Certificate of Disposition: Request this document from the court where the conviction occurred.
- Complete the Sealing Application: This involves filling out the “Notice of Motion and Affidavit in Support of Sealing”.
- Sign the Application: The application must be signed in front of a notary public.
- Attach Supporting Documents: Include any evidence of rehabilitation or other relevant information.
- Notify the District Attorney: Inform the DA of your application to seal the record.
- File the Application: Submit the original application, certificate of disposition, affidavit of service, and any supporting documents to the court.
Attend a Hearing (if necessary): If the District Attorney objects to the application, a hearing will be scheduled before a judge. - Confirm Sealing.
- Ensure the NYS Division of Criminal Justice Services correctly seals the conviction.