hello my name is jae sung park i have question regard to getting into a police department. because i was charge with bug 2 and petit larceny”
If you mean can you seal a case so you can apply to be a police officer, the answer depends not so much on what you were charged with, but on what, if anything, you were convicted of, and/or whether you sentenced as a youthful offender.
I am not sure of what your question is, but I agree with the prior answer, it depends on what you were convicted of. If you were convicted of burglary, that is going to be a hard sell to get into the police department.
I am a criminal defense and DWI/DUI attorney practicing in Westchester and the NYC Metro area. My answers are intended for general informational purposes only, based upon the limited information provided in the questions, and do not constitute legal advice or establish any attorney-client relationship. All readers of my answers are advised to contact an attorney in order to discuss their questions in full and get full answers. Thank you.
Whether your case is sealed depends on the outcome. Even if it sealed the police will still see the records if you apply to be a Police Officer because it is an exception in the sealing statute.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
I will try to highlight and explain in simple terms the main points to NYS sealing.
First, what can get sealed in New York State?
Non -criminal offenses can get sealed. That means the large majority of violations can, and should be sealed. Under Section 160.55 (NYS Criminal Procedure Sealing) statute,
three violations are NOT sealed:
"other than a violation of loitering (1) and (2) (sexual or prostitution) as described in paragraph (d) or (e) of subdivision one of section 160.10 of this chapter or the
(3) violation of operating a motor vehicle while ability impaired "
Things like disorderly conduct, unlawful possession of marijuana, and trespass (violation level) get sealed. Sometimes the best plea bargaining (negotiating) is from a misdemeanor level offense (crime) to a non-criminal (violation) level offense.
A great example: New York Penal Law Section 140.10 Criminal Trespass in the third degree is a misdemeanor. It means that you went over or through a fence or an enclosure onto private property without permission. Like jumping a fence to a rock concert or an event.
While New York Penal Law Section 140.05 Trespass is merely a violation (unlawfully on property).
New York State has NO expungement statute for crimes. So a conviction for criminal trespass would be on your permanent record forever, and violation trespass would be sealed. You would prefer violations to misdemeanors any day of the week.
Second, What is Sealing in New York State?
I always say NYS because every state is different. Sealing is under NYS Criminal Procedure Law
Section 160.55 The best way to understand sealing is think:
SEALING = SHIELDING
Non-criminal (violations, traffic offenses) are generally shielded from view by the public, and businesses (corporations). Generally means just that, if they knew the city, town, village, and they knew the court, they that you did something there, they would have to go to that specific court to get a record of your violation there.
Lastly, are they (the records) really destroyed and/or returned?
Yes and no. They are supposed to but to satisfy the future potential governmental needs (requirements)
they are NOT really destroyed fully.
The real question is will they (the records) still exist?
There is a copy still there as I mentioned above. Shielded (sealed) but not gone.
ALL THE BIG IF'S
If you apply for a gun permit they will be seen, if you have any future criminal activity they will probably be seen by the government prosecutor, or if you are placed on parole release or probation release from a future crime they will be seen.
(d) the records referred to in paragraph (c) of this subdivision shall
be made available to the person accused or to such person's designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in which the accused has moved for an order pursuant to section 170.56
(marijuana ACD) or 210.46 of this chapter, or (ii) a law enforcement agency
upon exparte motion in any superior court, if such agency demonstrates to the
satisfaction of the court that justice requires that such records be
made available to it, or (iii) any state or local officer or agency with
responsibility for the issuance of licenses to possess guns, when the
accused has made application for such a license, or (iv) the New York
state division of parole when the accused is under parole supervision as
a result of conditional release or parole release granted by the New
York state board of parole and the arrest which is the subject of the
inquiry is one which occurred while the accused was under such
supervision, or (v) the probation department responsible for supervision
of the accused when the arrest which is the subject of the inquiry is
one which occurred while the accused was under such supervision
Your offenses are CRIMES, they will not be sealed.
Lawrence (Larry) Newman, D.C., J.D. Attorney at Law Doctor of Chiropractic Licensed in NY, PA, NJ, & FL The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Dr. Newman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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