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  1. #1
    Join Date
    Aug 2005
    Posts
    1

    Default Sealing a New York Criminal Record

    about 2 years ago I was in desperate need to use a rest room. After finding a public rest room it had a few people being in NYC safety was an issue so I kept alert. In using the urinal, some of the men were behaving in a lewed manor causing discomfort to myself. Before I could run out of there, I heard a loud voice yelling, turning to look it was a cop which gathered everyone. I tried to explain what had happened but they did not listen. As a result, I was arrested, photographed, fingerprinted and charged with public lewdness. Since I never was arrested, I didn't know what to do but hire a lawyer who advise me to accept community service instead of paying a fine. Agruing with the lawery was useless since he said a cop would not write false info. Being that thee was no option I took the community service.

    Being that I was in the wrong place in the wrong time and had bad representation. How sealed are these records? Will this come up in a background check? And can this be expunged in NYC? This is very troubling since I did not do this act and want my clean record back. ops:

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default New York - Sealing Criminal Record

    New York law permits expungement of arrest records where the charge is resolved in favor of the arrested person:
    Quote Quoting NY Criminal Procedure Section 160.50
    1. Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision three of this section, unless the district attorney upon motion with not less than five days notice to such person or his or her attorney demonstrates to the satisfaction of the court that the interests of justice require otherwise, or the court on its own motion with not less than five days notice to such person or his or her attorney determines that the interests of justice require otherwise and states the reasons for such determination on the record, the record of such action or proceeding shall be sealed and the clerk of the court wherein such criminal action or proceeding was terminated shall immediately notify the commissioner of the division of criminal justice services and the heads of all appropriate police departments and other law enforcement agencies that the action has been terminated in favor of the accused, and unless the court has directed otherwise, that the record of such action or proceeding shall be sealed. ...
    There does not appear to be any similar procedure for sealing arrest records in the event of conviction.

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