Archived
Are employers or licensing agencies allowed to ask for notarized statements authorizing the release of sealed court records?
Benjamin's answer
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Answered on July 15, 2010
They are allowed to ask but that doesn’t mean that you have to provide it. Regardless, if a record is dismissed and sealed a notarized letter won’t...
Archived
If New York is a "closed state" regarding criminal record sharing, then how will employers in other states access NY records?
Benjamin's answer
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Answered on July 15, 2010
The law in New York requires that when a case is dismissed favorably against the accused and sealed that the Division of Criminal Justice and ALL...
Archived
Can a grand jury charge attempted assault first then charge you with attempted assault first with same person and another?
Benjamin's answer
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Answered on July 15, 2010
It all depends on the facts and circumstances of the case and what the District Attorney is alleging occurred. The short answer to your question is...
Archived
Can you be charged with attempted assault first twice for the same person?
Benjamin's answer
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Answered on July 15, 2010
It all depends on the facts and circumstances of the case and what the District Attorney is alleging occurred. The short answer to your question is...
Archived
If I'm applying for a license in another state can I deny ever having been arrested if my record is sealed by 160.50 in NY?
Benjamin's answer
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Answered on July 15, 2010
The Full Faith and Credit clause of the United States Constitution has nothing to do with it. If your case was dismissed and sealed and 160.50 does...
Archived
Can a a class d felony be plead as a class e felony and get 1 to 3 or 1 1/2 to 4?
Benjamin's answer
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Answered on May 23, 2010
As a second felony offender it would be the 1 ½ - 4 on the E felony (I say this by not counting two prior felony convictions because a youthful...
I'm trying to check if I have a warrant for my arrest in NY HOW DO I GO ABOUT CHECKING?
Benjamin's answer
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Answered on May 23, 2010
I agree with the other attorneys. I would add that though its not for free you can also pull your history and determine what if anything is the...
Archived
Arrest for Grand Larceny dropped to disorderly conduct: will it affect my chances of being hired with the board of ed?
Benjamin's answer
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Answered on May 23, 2010
Disorderly Conduct is a violation – NOT a crime. So you can honestly say that you don’t have any criminal convictions. Nevertheless, because the...
Charged with drinking an open 12oz of beer on the beach section (18-44b) of long beach NY and I am under 21 do i need a lawyer?
Benjamin's answer
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Answered on May 23, 2010
You are charged with a violation (NOT a crime) which if you are found guilty can be punished by a fine not exceeding two hundred fifty dollars...
Archived
Why would a public urination ticket brought down to a violation have administrative ramifications for a professional license?
Benjamin's answer
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Answered on May 23, 2010
Public urination is a violation in the first place – NOT a crime. If you weren’t arrested and you resolve the ticket then there should be no record...
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