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  1. #1
    Join Date
    Feb 2011
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    2

    Default My Youthful Offender Conviction Appears in My FBI File

    My question involves criminal records for the state of: New York

    I've lived and substitute taught in Pennsylvania for many years. My problem arose in 2005, when background checks were expanded to include FBI records. The one and only time I was in trouble with the law was 30 years ago. I was granted Youthful Offender Status upon my conviction, and told the legal answer to "have you ever been convicted of a felony?" is "No."

    The problem is the standard teaching application asks that very question, but my FBI file shows the conviction, including that it was Youthful Offender, the nature of the conviction, Where and how long I served time, and when I was released.

    Reconciling this record with my legal "no," is a challenge I have yet to surmount. Public Education is ~very~ political. I haven't substitute taught or otherwise worked in public education for four years as a result. This record has cost me about $35,000 in lost work now, and I don't have money for a lawyer, nor do I know how to get the FBI file purged. Pennsylvania legal services can't help me because it's a New York conviction, and New York won't help me because I'm not a resident. Any ideas how I can do this myself?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: My Youthful Offender Conviction Appears in My FBI File

    Youthful offender records in New York are automatically sealed unless they fall under a statutory exemption. See CPL 720.35. The issue here, presumably, is that your charges were sufficiently serious to fall under an exception. If not, you can contact the DCJS and ask to speak to the DCJS/FBI liaison to verify that your Youthful Offender disposition and associated order of sealing was reported to the FBI.

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: My Youthful Offender Conviction Appears in My FBI File

    Attempted Arson. If I remember, second degree, but I may be wrong about that, or even if there was a degree. The NY record is sealed. The FBI record is not.

    I just read the statute. It doesn't apply.

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