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  1. #1
    Join Date
    Oct 2011
    Posts
    3

    Default Court Records Were Expunged but Fingerprint Records Show Felony

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

    About 7 years ago I was arrested and charged with grand larceny (felony) and criminal possession of a controlled substance (felony). I ended up getting the records expunged and only being convicted of misdemeanor possession of a controlled substance.

    I got a job a couple years ago and it required fingerprints to be taken. The fingerprints brought up my arrest record showing felony grand larceny. If the court records were expunged, there's no way for me to show what happened to these charges. I can only obtain a conviction letter - this letter obviously shows nothing about grand larceny and employers want to know what the heck happened with the grand larceny charge! Luckily, this employer believed me and I was able to keep my new job.

    I now want to apply for a job a bank and obviously they're going to fingerprint me. A friend that works there went to hunam resources to find out their procedure about this and most likely they would fire me once they see the results.

    My question - Was something supposed to happen with the police records & fingerprint records when my court records were expunged? If not, will it be cleared from the record after so many years...it's been about 7 or 8 years already...

    Thanks

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

    Default Re: Court Records Were Expunged but Fingerprint Records Show Felony

    There's a pretty thorough explanation here about what you can do to clean up your record in New York. You're not in an easy starting position,
    Quote Quoting Introduction
    In New York State, there are more than 4 million arrest records, dating back to the 1890s, on file in the computers of the Division of Criminal Justice Services (DCJS). If you have ever been arrested for a fingerprintable offense in New York State, even if you were never found guilty of the charges, you have an arrest record on permanent file at DCJS. These record — also called “rap sheets”— cannot be destroyed or expunged.

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