QUESTION
What is the process of sealing a record?
Asked on Nov 08th, 2012 on Criminal Law - New York
More details to this question:
How does sealing a record help? How much does sealing a record cost? When you seal a record is all the convictions gone?
11 ANSWERS
Michael J. Breczinski
The record are only sealed in extraordinary circumstances like a juvenile diversion program. All others stay open to the public.
Answered on Nov 14th, 2012 at 2:53 AM
Gary Moore
In New Jersey criminal records are not sealed. They are expunged, meaning that an Order is signed by a Superior Court judge finding that, as a matter of law, the arrest and criminal complaint never occurred, and authorizing the defendant to tell the world that he has no criminal record and telling eh law enforcement agencies to give the world the same information.
Answered on Nov 09th, 2012 at 12:26 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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That depends. Is it a juvenille record, or are these charges from when you were 18 or older? And was there as an actual conviction(s)
Answered on Nov 09th, 2012 at 6:09 AM
There is no such thing, only expungement.
Answered on Nov 09th, 2012 at 6:03 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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In Massachusetts you can seal your record 5 years after a misdemeanor and 10 years after a felony. If it is before these time periods, you may still request that the court seal the record but it is up to a judge's discretion. After the statutory periods have passed, no judge need decide. It can be done by a petition/request to the Department of Probation. If you are past the statutory periods, you can try to do it yourself. If it seems too difficult you can hire an attorney to do it for you. It is a bit complicated and many people prefer to have a lawyer do it for them. If it is prior to the statutory wait period, it is highly advisable to employ an attorney. In this case, it require a motion to the court that must be in compliance with the rules of procedure. Again, you can try it on your own, but most people defer to an attorney prior to the statutory period.
Answered on Nov 09th, 2012 at 6:00 AM
John J. Carney
In some states you can get a criminal record sealed or expunged. You should call criminal lawyers in your area to see what can be done and how much it will cost. You can also get a Certificate of Relief from Disabilities to get certain jobs or a Certificate of Good Conduct.
Answered on Nov 09th, 2012 at 5:46 AM
Thomas Edward Gates
You want to expunge your record. It is done by petitioning the court to do so.
Answered on Nov 09th, 2012 at 5:41 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You can only seal and expunge one criminal record in a lifetime and you cannot have been convicted of the crime, and only certain things can be done. You can find out more about sealing and expunging a criminal record from an attorney in your area. You can also do a search for Florida Clemency, and download the certificate of eligibility, which is required from FDLE.
Answered on Nov 09th, 2012 at 5:41 AM
In California, a person can petition the court to have his juvenile record sealed. When this is done, the record will not show up on a background check. Five years after the record is sealed it will automatically be destroyed.
Answered on Nov 09th, 2012 at 5:40 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It is generally very difficult to have a record sealed because courts, and most court records, are considered public. Whether or not yours is subject to being sealed, I have no idea (probably not), the only way you can know with certainty is to have an attorney review your record.
Answered on Nov 09th, 2012 at 5:40 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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NY does not seal convictions. If something should seal it is supposed to automatically get done but sometimes it doesn't! Especially stuff from the 1980s and 90s. I had a client yesterday with something from the 80s that should have been sealed but wasn't. I made an application before a Judge and it was ordered sealed.
Answered on Nov 09th, 2012 at 5:35 AM