How much will it cost and how long will it take? We are trying to get permission to have a DCF child in our home, but they say they can't grant it, with the sealed file. They say they are working on it, but it is taking months. Thanks.
Civil Rights Attorney
In New York, there is a basic form that the subject of sealed records can sign that should give you more or less instant access to the files. You should inquire at the clerk's office of the court.
Criminal Defense Attorney
Your question represents a situation where the proper foundational steps may not have been taken prior to sealing a record, thereby putting you in a difficult position in the present where you would need access to the charges that were sealed and cannot. If you had obtained a certified copy of the CORI pre-sealing, you would have been able to show this document to DCF and may have saved yourself some time.
The Commissioner of Probation may respond to a direct request to unseal your record; another avenue is to petition a court to issue an order directing probation to unseal the record. Both are undertakings better done with the aid of an attorney. Relying on DCF to take care of this for you is a time-consuming and uncertain proposition. I would be happy to discuss the matter further with you.
Best of luck,
Lawsuit / Dispute Attorney
If DCF is able to get a report that says you have a sealed record, they should be able to access the sealed records. Sealed records still there and available to be viewed, usually to law enforcement officials.
I would suggest contacting the CORI unit as they may be able to give the best guidance.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues.