What State's Laws Apply to Disclosure of Expunged Records

[twink92]

My question involves criminal law for the state of: NY

I was wondering which state laws I would follow in regards to sealed records. I was convicted in NY for disorderly conduct. In NY there are only a few agencies to which I need to disclose sealed records(Not including hospitals). If I go to school in another state which requires me to report sealed records to hospitals, which states laws do I follow?

[cbg]

The laws of the state you're in.

[Mr. Knowitall]

There's not a lot of case law on the subject, but there is a case from a few years back in which a federal court found that as long as a state treated all expunged records in the same way (that is, out-of-state expungements were treated in the same manner as in-state expungements) it could apply its own laws to the question of when an expunged record must be disclosed.

Start with the actual application form, because schools don't actually have to test the limits -- what information are you being asked to provide? If the application requires disclosure but you would like to try to avoid disclosure, you can seek written clarification of the school's policy on out-of-state expungements from the admissions office.

[twink92]

There's not a lot of case law on the subject, but there is a case from a few years back in which a federal court found that as long as a state treated all expunged records in the same way (that is, out-of-state expungements were treated in the same manner as in-state expungements) it could apply its own laws to the question of when an expunged record must be disclosed.

Start with the actual application form, because schools don't actually have to test the limits -- what information are you being asked to provide? If the application requires disclosure but you would like to try to avoid disclosure, you can seek written clarification of the school's policy on out-of-state expungements from the admissions office.

I am a little confused by what state you were referring to? According to the case you pointed out, would I follow ny rules as to when to disclose sealed records or do you mean the opposite?

[LegalWriter]

I am a little confused by what state you were referring to? According to the case you pointed out, would I follow ny rules as to when to disclose sealed records or do you mean the opposite?

If you apply for something in another state, that other state's laws govern, not NY.