This page was designed to help our clients better understand our New York Juvenile Record Sealing service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.
You can still petition to have your juvenile record sealed.
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 and we apply that to the cost of any service that you hire us to perform.
Sealings must be filed and completed for each case or conviction. Therefore, we charge per case and regardless of how many counts are in each case. If, however, you sign up for multiple cases then we discount the additional cases.
Cases are denied for the following reasons: (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe granting your sealing will be in the interest of society, (4) adult convictions and (5) not paying fines. NY CLS Family Act §375.2(1)
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.
No, we go for you. If the court requests your presence and you are unable to attend, then we will request for your presence to be excused.
Typically, the case takes about five to six months.
We base our estimates of how long a case will take on how long the average is for that service in that state. Some cases, however, 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.
The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner your case is heard and decided. If helpful, we will gladly write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having your record sealed.
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.
You will receive a court order sealing the records.
You have an attorney to (1) make sure the process is done right the first time so your case 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.
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.
We have an online tracking system that is just for your case(s). You will have a user name and password for the account, which will have the information specific to the case. Whenever anything happens in your case, we post the information 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, a case 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 the necessary content.
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.
We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.
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. §375.2(1)
Yes. If there is a subsequent adult conviction, your juvenile records that were sealed are available. §375.1(1)
No. Once your juvenile offense has been sealed, New York law treats your record as though no offense was ever committed. You are not required to divulge information pertaining to the sealed offense. §375.2(1)
No. A sealed record cannot be obtained or reviewed by any person or agency (other than being made available to you or your designated agent). §375.2(1); §375.1(3)
The only documents that are not sealed pursuant to this court order are public court decisions or opinions or records and briefs on appeal. §375.1(1)
You never lose the right to vote unless you are currently incarcerated or are under parole supervision.
Criminal violations may have severe consequences for immigrants, even if the crime is expunged/vacated/sealed. Even minor offenses such as petty theft can make someone deportable or inadmissible, while more serious offenses such as burglary may not have the same consequences. Since each case is unique, getting a case-by-case analysis tailored to your specific facts is imperative. To find out if your criminal conviction will impact your immigration case, contacting a qualified immigration attorney is vital. Our in-house immigration attorney is available to answer questions at 714-617-8395.
You can truthfully say you were not convicted to any question for employment. Since your juvenile record will be sealed, no juvenile offenses will not appear on the background check.
Section 19 of the FDIA (Federal Deposit Insurance Act) allows banks and other financial institutions to bar prospective and current employees who have had “Breach of Trust” or "Dishonesty" convictions from jobs that they are otherwise qualified for even if they had the conviction expunged.
"Dishonesty" means directly or indirectly to cheat or defraud; to cheat or defraud for monetary gain or its equivalent; or wrongfully to take property belonging to another in violation of any criminal statute. Dishonesty includes acts involving want of integrity, lack of probity, or a disposition to distort, cheat, or act deceitfully or fraudulently, and may include crimes which federal, state or local laws define as dishonest. "Breach of trust" means a wrongful act, use, misappropriation or omission with respect to any property or fund which has been committed to a person in a fiduciary or official capacity, or the misuse of one's official or fiduciary position to engage in a wrongful act, use, misappropriation or omission.
Whether a crime involves dishonesty or breach of trust will be determined from the statutory elements of the crime itself. All convictions for offenses concerning the illegal manufacture, sale, distribution of or trafficking in controlled substances are included. Other offenses can include but is not limited to the following: petty theft, grand theft, insufficient checks, burglary, possession of drugs for distribution or sales, embezzlement, fraud, fraud to obtain aid or benefits and money laundering.
If you believe you have a “breach of trust” or "dishonesty" conviction and were denied a position or were terminated from a financial institution because of that offense, there still is another way to obtain that job with a waiver from the FDIC. 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.
If you want to join the US military, then your record becomes a matter of federal law, not Florida 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 find out about your record later. You should always disclose your conviction, but also mention that your case was taken before a judge and was deemed in the interest of justice to expunge/seal the record from public view.
For New York, once your juvenile records have been sealed, your record is treated as though no juvenile offenses ever occurred, and you can deny your record on any application, including an application to become a police officer.
Your probation officer and the court are required to say that they have no record of your offense. §375.2(2)
Nothing will appear on a background check because the record will be sealed. §375.2(1)
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.