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People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

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People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

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Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

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Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

Who Has Access to My Criminal Record in New York City?

Who Has Access to My Criminal Record in New York City?

Dealing with a criminal record can be stressful and confusing. You may be wondering who has access to your criminal record and what that means for things like applying for jobs or housing. This article provides an overview of who can access criminal records in New York City and what your options are.

New York State Criminal Records

In New York, criminal records are maintained by the New York State Division of Criminal Justice Services (DCJS). The DCJS maintains a computerized database of criminal history information that includes felony and misdemeanor convictions, violations, and pending cases in New York state.Not everyone can access these records. Access is limited under New York State Law to qualified agencies and organizations, including:

  • Law enforcement agencies
  • Courts
  • District attorney offices
  • Probation departments
  • Correctional facilities
  • State agencies like the Department of Motor Vehicles
  • Federal agencies like the FBI
  • Employers in specific industries like banking and education

So regular individuals or most private businesses cannot just search the DCJS database. However, there are some limited scenarios where access may be allowed, which we’ll cover next.

When Your Criminal Record is Public

While the DCJS tightly controls access to their database, criminal records can become public in certain situations:

  • If you were convicted of a felony, your mugshot, charges, and other information may have been published by newspapers or websites at the time. This information remains public.
  • Court records related to your criminal case are considered public records in most instances. Someone could look up records from your case at the courthouse or court website.
  • If you serve time in prison, records of your conviction and sentence are considered public information.

So even if the DCJS database is restricted, aspects of your criminal record could already be available to the public. Read on for what you can do about this.

Getting a Copy of Your Own Criminal Record

While access to criminal records is limited in New York, you have the right to get a copy of your own criminal history report from DCJS. This allows you to see what is on your record and pursue steps to seal or expunge records if desired (more on that later).To get a copy of your state criminal record, you need to complete a form available on the DCJS website and pay a $75 fee. You’ll be mailed a document listing any New York convictions, charges, and pending cases tied to your name and date of birth.

Sealing or Expunging Criminal Records

If part of your criminal record is public due to past convictions, or you want to improve your job and housing prospects, you may want to consider sealing or expunging records in your name.Sealing means the record still exists but access to it is severely limited. Most employers and landlords would not see a sealed record.Expunging actually destroys or erases the record altogether.Rules around record sealing and expungement differ depending on the type of conviction, your criminal history, and other factors. An experienced New York criminal lawyer can advise if you are eligible and guide you through the application process.

When Landlords Can Access Your Criminal History

Landlords in New York typically run background checks before approving tenants. They often use consumer reporting agencies that compile public records and other data sources.If your criminal conviction is considered public record, it would likely show up on one of these tenant background checks. However, New York City has “Fair Chance Housing” laws that limit how far back landlords can look at applicant criminal histories:

  • They cannot ask about or consider:
    • Arrests or criminal accusations that were resolved in your favor
    • Convictions that were sealed, expunged, or pardoned
    • Juvenile delinquency records
  • They can only consider convictions in the last 7 years. Older convictions cannot factor into application decisions.
  • You must be given 14 business days to provide additional information or contest the accuracy of criminal records found by the landlord before they make a final decision.

So while New York City landlords can access some criminal record information, there are rules in place to prevent distant minor records from being held against you.An attorney may still be able to help if a landlord tries to violate your fair chance housing protections.

When Employers Can Access Your Criminal Record

Similarly, many employers in New York run criminal background checks on applicants. There are some limitations here too.Under New York’s anti-discrimination laws, employers generally cannot:

  • Ask about your criminal history during an initial job application/interview
  • Deny hiring or fire you based solely on a past criminal accusation or arrest that didn’t lead to conviction
  • Make hiring decisions based on sealed convictions

There are exceptions if the employer can demonstrate the exclusion is job-related. For example, someone with financial crime convictions may be disqualified from an accounting position.But again, New York City goes even further with “Fair Chance Act” laws. Employers in NYC cannot:

  • Ever ask about or consider non-pending arrests or criminal accusations that were resolved favorably
  • Ask about your criminal background on initial job applications
  • Run a background check until after making a conditional job offer
  • Rescind a job offer without letting you contest the accuracy of records found or provide more information, like evidence of rehabilitation

So there are quite a few protections that limit how deeply employers can dig into your criminal history or hold it against you.

Finding a Criminal Defense Attorney

Dealing with a criminal record can be overwhelming. But experienced criminal defense lawyers understand the complex record sealing and expungement rules. They also know how to assert your rights if an employer or landlord tries to violate NYC Fair Chance laws.Defense attorneys can potentially help remove eligible charges from your record or limit their impact on your life going forward. It’s wise to at least schedule a consultation. Many firms offer free case evaluations so you can discuss options with a lawyer at no risk.When researching criminal lawyers in New York City, look for these important qualifications:

  • 10+ years handling criminal cases
  • Knowledge of New York sealing and expungement laws
  • Successful track record getting charges reduced or dismissed pre-trial
  • Experience asserting fair chance housing violations
  • Member of NYC/NYS Bar Association(s) and other legal groups
  • Strong client reviews and professional endorsements

Top-rated NYC criminal defense firms like [Law Firm Name] match this criteria. Reach out today to discuss your criminal record situation and options confidentially with an experienced local attorney.

Resources

For more information on criminal records and fair chance laws in NYC, check out these additional resources:Articles:

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

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After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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