New York Juvenile Record Sealing Frequently Asked Questions

Why would I want to seal my juvenile record?

After you complete your sentence for a juvenile offense, the court does not automatically seal the records. You have to petition the court to seal the records. After sealing, the case is treated as though it never occurred and you may deny the arrest entirely.

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Will it still show up on my background check after it is sealed?

Nothing will appear on a background check because the record will be sealed.

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Can it still be used against me for a future conviction?

Yes. If there is a subsequent adult conviction, your juvenile records that were sealed are available.

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Do I have to disclose it ever?

No. Once your juvenile offense has been sealed, New York law treats it as though it never happened. You are not required to divulge information pertaining to the sealed offense.

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Can I become a schoolteacher, nurse, or other occupation?

You can truthfully say you were not convicted to any question for employment. Since it will be sealed, it will not appear on the background check.

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What if I want to work in a bank?

Section 19 of the FDIA (Federal Deposit Insurance Act) allows banks and other financial institutions to bar prospective employees who have had certain “Breach of Trust” convictions from jobs that they are otherwise qualified for even if they had the conviction expunged. If you have a “breach of trust” conviction and were denied a job with a financial institution because of that conviction, there still is another possible way to obtain that job. It is important to speak with an attorney about your specific circumstances to see if you would qualify for such a waiver from the FDIC.

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What if I join the military?

If you want to join the US military, then it becomes a matter of federal law, not New York state law. All branches of the military will want to know about your juvenile offenses, even if they have been expunged. There is still a risk of being discharged from the military if you don’t tell them and they later find out about it. It's always advisable to disclose that you had a conviction, but it was taken before a judge and he deemed it in the interest of justice to expunge/seal the record from public view.

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What if I want to become a police officer?

For New York, once your juvenile records have been sealed, it is treated as though it never occurred, and you can deny it on any application, including an application to become a police officer.

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What if the new job wants to call the court or my probation officer?

Your probation officer and the court are required to say that they have no record of your offense.

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Can anyone access my juvenile record once it is sealed?

No. A sealed record cannot be obtained or reviewed by any person or agency (other than it shall be made available to you or your designated agent).

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Are any documents not sealed?

The only documents that are not sealed pursuant to this court order are public court decisions or opinions or records and briefs on appeal.

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What if I have convictions as an adult also?

You can still petition to have your juvenile record sealed.

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Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay, (2) handle objections from the district attorney, (3) send an attorney to court to argue the case if need be, and (4) write letters to potential employers letting them know that the case has been reopened and will soon be sealed.

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Do I have to go to court?

No, we go for you. If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

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How does the attorney know my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the case before a judge. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.

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How long does the process take?

Typically, the case takes about eight to ten months.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

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Can it be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it sealed.

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How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

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Do you have a money back guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money back guarantee.

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Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.

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What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

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What if I have multiple cases?

Sealings must be filed and completed for each case or conviction. Therefore, we charge per case and it does not matter how many counts are in each case. However, if you sign up for multiple cases then we discount the additional cases.

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What is the main reason that a request to seal is denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society, (4) adult convictions and (5) not paying fines.

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What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful we may recommend the person wait longer to refile.

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What happens after my conviction is sealed?

You will receive a court order sealing the records.

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How do the agencies know it was granted?

The clerk of the court shall immediately notify the director of the appropriate presentment agency, the heads of the appropriate probation department and police department or other law enforcement agency, that the records of such action or proceeding, other than the fingerprints, palm prints, or photographs, shall be sealed.

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Can I seal my traffic and parking violations?

No.

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Can I seal my DMV record?

Sealing does not affect your DMV records. However, after a certain number of years the DMV records fall off and disappear, unlike your criminal history, which never changes unless you have the records sealed.

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Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have the same information the United States has on record. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for a lengthy interrogation.

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Can I get a Sentri pass?

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

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Can I vote after this?

You never lose the right to vote unless you are currently incarcerated or are under parole supervision.

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Will it help with immigration?

It can still be viewed and considered when determining your immigration; however, it will appear better and may increase your chances during the immigration proceedings.

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Can I clear my federal conviction?

You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

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