Do I have to disclose my teen criminal record when applying for employment?
Full Question:
I had a violation at 16 years old in New York, which was recently sealed. I previously lied about my age and had forgotten about it. Until a background check was done and it came up. It is now sealed after 3 years of working on it. I am 44 years old now and a registered nurse wishing to transfer my license to another state. On the application it asks have I ever been arrested and why? Will I have to say yes and tell them why? What does it really mean to have your case sealed. I was young and made a mistake. What I did is very embarrassing to have to tell others. Every time I apply for a job, will I have to say that I was arrested. Will anyone know if they run my social security number or if I am finger printed? I work as a homecare nurse with an adult population.
04/18/2009 |
Category: Criminal ยป Expungement ... |
State: Connecticut |
#16045
Answer:
CPL § 160.50 includes all official records and papers, including judgments and orders of a court but not including published court decisions or opinions or records and briefs on appeal, relating to the arrest or prosecution, including all duplicates and copies, on file with the division of criminal justice services, any court, police agency, or prosecutor’s office. Sealed records are not made available to any person or public or private agency for general purposes, but may be unsealed in the interest of justice and used in later proceedings and applications for licenses, certain employment.
The following is a NY statute:
§ 160.50 Crim. Proc. Order upon termination of criminal action in favor of
the accused.
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.
Upon receipt of notification of such termination and sealing:
(a) every photograph of such person and photographic plate or proof, and
all palmprints and fingerprints taken or made of such person pursuant to
the provisions of this article in regard to the action or proceeding
terminated, except a dismissal pursuant to section 170.56 or 210.46 of this
chapter, and all duplicates and copies thereof, except a digital
fingerprint image where authorized pursuant to paragraph (e) of this
subdivision, shall forthwith be, at the discretion of the recipient agency,
either destroyed or returned to such person, or to the attorney who
represented such person at the time of the termination of the action or
proceeding, at the address given by such person or attorney during the
action or proceeding, by the division of criminal justice services and by
any police department or law enforcement agency having any such photograph,
photographic plate or proof, palmprint or fingerprints in its possession or
under its control;
(b) any police department or law enforcement agency, including the
division of criminal justice services, which transmitted or otherwise
forwarded to any agency of the United States or of any other state or of
any other jurisdiction outside the state of New York copies of any such
photographs, photographic plates or proofs, palmprints and fingerprints,
including those relating to actions or proceedings which were dismissed
pursuant to section 170.56 or 210.46 of this chapter, shall forthwith
formally request in writing that all such copies be destroyed or returned
to the police department or law enforcement agency which transmitted or
forwarded them, and, if returned, such department or agency shall, at its
discretion, either destroy or return them as provided herein, except that
those relating to dismissals pursuant to section 170.56 or 210.46 of this
chapter shall not be destroyed or returned by such department or agency;
(c) all official records and papers, including judgments and orders of a
court but not including published court decisions or opinions or records
and briefs on appeal, relating to the arrest or prosecution, including all
duplicates and copies thereof, on file with the division of criminal
justice services, any court, police agency, or prosecutor's office shall be
sealed and not made available to any person or public or private agency;
(d) such records shall be made available to the person accused or to such
person's designated agent, and shall be made available to (i) a prosecutor
in any proceeding in which the accused has moved for an order pursuant to
section 170.56 or 210.46 of this chapter, or (ii) a law enforcement agency
upon ex parte motion in any superior court, if such agency demonstrates to
the satisfaction of the court that justice requires that such records be
made available to it, or (iii) any state or local officer or agency with
responsibility for the issuance of licenses to possess guns, when the
accused has made application for such a license, or (iv) the New York state
division of parole when the accused is on parole supervision as a result of
conditional release or a parole release granted by the New York state board
of parole, and the arrest which is the subject of the inquiry is one which
occurred while the accused was under such supervision or (v) any
prospective employer of a police officer or peace officer as those terms
are defined in subdivisions thirty-three and thirty-four of section 1.20 of
this chapter, in relation to an application for employment as a police
officer or peace officer; provided, however, that every person who is an
applicant for the position of police officer or peace officer shall be
furnished with a copy of all records obtained under this paragraph and
afforded an opportunity to make an explanation thereto, or (vi) the
probation department responsible for supervision of the accused when the
arrest which is the subject of the inquiry is one which occurred while the
accused was under such supervision; and
(e) where fingerprints subject to the provisions of this section have
been received by the division of criminal justice services and have been
filed by the division as digital images, such images may be retained,
provided that a fingerprint card of the individual is on file with the
division which was not sealed pursuant to this section or section 160.55 of
this article.
2. A report of the termination of the action or proceeding in favor of
the accused shall be sufficient notice of sealing to the commissioner of
the division of criminal justice services unless the report also indicates
that the court directed that the record not be sealed in the interests of
justice. Where the court has determined pursuant to subdivision one of this
section that sealing is not in the interest of justice, the clerk of the
court shall include notification of that determination in any report to
such division of the disposition of the action or proceeding.
3. For the purposes of subdivision one of this section, a criminal action
or proceeding against a person shall be considered terminated in favor of
such person where:
(a) an order dismissing the entire accusatory instrument against such
person pursuant to article four hundred seventy was entered; or
(b) an order to dismiss the entire accusatory instrument against such
person pursuant to section 170.30, 170.50, 170.55, 170.56, 180.70, 210.20,
210.46 or 210.47 of this chapter was entered or deemed entered, or an order
terminating the prosecution against such person was entered pursuant to
section 180.85 of this chapter, and the people have not appealed from such
order or the determination of an appeal or appeals by the people from such
order has been against the people; or
(c) a verdict of complete acquittal was made pursuant to section 330.10
of this chapter; or
(d) a trial order of dismissal of the entire accusatory instrument
against such person pursuant to section 290.10 or 360.40 of this
chapter was entered and the people have not appealed from such order or the
determination of an appeal or appeals by the people from such order has
been against the people; or
(e) an order setting aside a verdict pursuant to section 330.30 or 370.10
of this chapter was entered and the people have not appealed from such
order or the determination of an appeal or appeals by the people from such
order has been against the people and no new trial has been ordered; or
(f) an order vacating a judgment pursuant to section 440.10 of this
chapter was entered and the people have not appealed from such order or the
determination of an appeal or appeals by the people from such order has
been against the people, and no new trial has been ordered; or
(g) an order of discharge pursuant to article seventy of the civil
practice law and rules was entered on a ground which invalidates the
conviction and the people have not appealed from such order or the
determination of an appeal or appeals by the people from such order has
been against the people; or
(h) where all charges against such person are dismissed pursuant to
section 190.75 of this chapter. In such event, the clerk of the court which
empaneled the grand jury shall serve a certification of such disposition
upon the division of criminal justice services and upon the appropriate
police department or law enforcement agency which upon receipt thereof,
shall comply with the provisions of paragraphs (a), (b), (c) and (d) of
subdivision one of this section in the same manner as is required
thereunder with respect to an order of a court entered pursuant to said
subdivision one; or
(i) prior to the filing of an accusatory instrument in a local criminal
court against such person, the prosecutor elects not to prosecute such
person. In such event, the prosecutor shall serve a certification of such
disposition upon the division of criminal justice services and upon the
appropriate police department or law enforcement agency which, upon receipt
thereof, shall comply with the provisions of paragraphs (a), (b), (c) and
(d) of subdivision one of this section in the same manner as is required
thereunder with respect to an order of a court entered pursuant to said
subdivision one.
(j) following the arrest of such person, the arresting police agency,
prior to the filing of an accusatory instrument in a local criminal court
but subsequent to the forwarding of a copy of the fingerprints of such
person to the division of criminal justice services, elects not to proceed
further. In such event, the head of the arresting police agency shall serve
a certification of such disposition upon the division of criminal justice
services which, upon receipt thereof, shall comply with the provisions of
paragraphs (a), (b), (c) and (d) of subdivision one of this section in the
same manner as is required thereunder with respect to an order of a court
entered pursuant to said subdivision one.
(k)
(i) The accusatory instrument alleged a violation of article two
hundred twenty or section 240.36 of the penal law, prior to the taking
effect of article two hundred twenty-one of the penal law, or a violation
of article two hundred twenty-one of the penal law;
(ii) the sole
controlled substance involved is marijuana;
(iii) the conviction was only
for a violation or violations; and
(iv) at least three years have passed
since the offense occurred.
(l) An order dismissing an action pursuant to section 215.40 of this
chapter was entered.
4. A person in whose favor a criminal action or proceeding was
terminated, as defined in paragraph (a) through (h) of subdivision two of
this section, prior to the effective date of this section, may upon motion
apply to the court in which such termination occurred, upon not less than
twenty days notice to the district attorney, for an order granting to such
person the relief set forth in subdivision one of this section, and such
order shall be granted unless the district attorney demonstrates to the
satisfaction of the court that the interests of justice require otherwise.
A person in whose favor a criminal action or proceeding was terminated, as
defined in paragraph (i) or (j) of subdivision two of this section, prior
to the effective date of this section, may apply to the appropriate
prosecutor or police agency for a certification as described in said
paragraph (i) or (j) granting to such person the relief set forth therein,
and such certification shall be granted by such prosecutor or police
agency.
