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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4782
Experience:  Experienced in state and federal criminal litigation.
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Customer Question

I had a background check done on me and a record from over 15+ years ago is still coming up it was a felony for petty larceny reduced to a misdemeanor. I'm a NYC resident what can I do to expunge this record since its been a significant amount of time since this and it has been an issue with me getting certain employment.

Thank you.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 4 years ago.

TexCrimLawyer, J.D. :

Good afternoon. I'll be assisting you with your question.

Customer :

OK thank you JD

TexCrimLawyer, J.D. :

New York permits arrests that resulted in no conviction to be sealed (Criminal Procedure Rule 160.50), but if you were convicted, New York law does not allow it (except for a few minor drug crimes).

Customer :

So with it being reduced to a misdemeanor - it is still being displayed with the full details.


 

TexCrimLawyer, J.D. :

Under the law, since it resulted in a conviction (even for a reduced charge), so it can't be expunged or sealed.

Customer :

Dang!!! So unless an application says have you ever been convicted of a crime I would have to say yes, unless it stipulated in the past 7 years - correct


 

TexCrimLawyer, J.D. :

Unfortunately, yes. If it makes you feel any better, New York law is consistent with most other states.

Customer :

Not really - but thanks.


 

Customer :

Thanks for your service, I wish my atty just told me this long time ago.


 

TexCrimLawyer, J.D. :

Sorry for the bad news.

TexCrimLawyer, J.D. :

Can I help you with something else?

Customer :

Advising if there are any other options or any suggestions on what to do regarding this - most positions that I go after are in Finance, and I have worked in the industry for over 10years but my boss acknowledged my record, but I worked for him temp first so he didn't penalize me for it and hired me anyways. So if you have any other suggestions that would be helpful. Otherwise I may have another question(s) but its in family law, would you be able to assist in this area


 

TexCrimLawyer, J.D. :

The only other thing you can do is attempt to get a pardon. If you are granted a pardon, you can then seek an expungement.

TexCrimLawyer, J.D. :

As far as the family question, you need to post a new question since it isn't related to this subject matter.

TexCrimLawyer, J.D. :

Can I do something else for you?

TexCrimLawyer, J.D. :

The only other thing you can do is apply for a Certificate of Relief from Civil Disabilities. You do this through the Department of Parole. Once you get the certificate, employers cannot discriminate against you based on your conviction.

TexCrimLawyer, J.D. :

You can find the application here:


https://www.parole.ny.gov/certrelief.html


 

Customer :

What do I do to get a pardon?


 

Customer :

Thanks for the added references - as for the Certificate of Relief what would I do with that when I fill out the application - provide it as evidence of not being in trouble since then. what does it actually provide or do?


 

Customer :

Other than that this is all I have for your service and appreciate your prompt attention to my questions


 

TexCrimLawyer, J.D. :

Instructions are included with the application, but once submitted and approved, employers cannot discriminate against you based on your prior record.

TexCrimLawyer, J.D. :

Below is information on the pardon process and where to apply, etc.


http://www.pardon411.com/wiki/New_York_Pardon_Information


 

Customer :

Final question - how is discrimination determined because once they see I've been arrested, how would the Certificate protect me from them not discriminating against me?


 

TexCrimLawyer, J.D. :

If they do discriminate against you based on your record, you can sue.

Customer :

OK thank you again for all your service.


 

Customer :

 


 

TexCrimLawyer, J.D. :

Glad to help. If I can't do anything else for you, please remember to "rate" my answer. Good luck.

Customer :

Have a continued great day! Finally I got this resolved and have an official answer and process of next steps. Thanks again!


 

Customer :

Will do - I'll give you a top rating