When a Disorderly Conduct get sealed.... Who seals it exactly? When it's sealing time I want to mail a copy of the certificate of disposition so I know it will be sealed. Also, if you are told you have no criminal record, what does it mean that it will show up on a bg check? It sounds temporary so I'm not too worried. I'm more worried if it shows up AFTER sealing.
As for the sealing itself, does that included the arrest record?
New York State Division of Criminal Justice Service is the agency that controls the records, although which clerk actually seals it is irrelevant. You were told you have no criminal record because Disorderly Conduct is a "violation" NOT a crime. Think of it as the equivalent of a speeding ticket, so you have not been convicted of a "crime" as designated by the New York State legislature. A violation is sealed after one year, unless otherwise agreed to at the time of sentence. What actually shows on a background check depends on who is doing the searching and whatt hey have access to. Law Enforcement, state and federal agencies, certain licensing commissions, etc. may still have access to the record of your arrest. You may get a certificate of disposition any time after your sentencing and if it is more than one year from the time of sentence, the certificate should bear a "sealed" stamp. If you are unsure as to what will show on a generic background check, you can order a copy of your official criminal record and you do NOT need an attorney as another attorney suggested, Read my guide posted elsewhere on this site, and linked below, for instructions how to do that.
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The question of "who" seals the record is too complicated for this space, but in the big picture there are TWO things to remember: in order to be 100% sure that you will pass an employment background check, you need to have BOTH your conviction/court record sealed (i.e. "no criminal record") AND your arrest record. Those are usually two completely different things. The procedures and rules vary from state to state, SO you need an experienced criminal defense atty. in your state.
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The papers get sealed automatically by operation of law. I don't think anyone actually places a seal on the file. All the records - police, court, and DA - get sealed. DAs often ignore this and look at their computers if the soemone gets rearrested to see if they have priors. Even sealed records show up on certain background checks. For example, law enforcment is exempt from the sealing statute if you are applying for a job. I think educational entities can see sealed records too.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at [email protected] The above answer is for informational purposes only and not meant as legal advice.
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