FAQs About Sealing Juvenile Criminal Records in New York City

FAQs About Sealing Juvenile Criminal Records in New York City

Getting in trouble as a kid can haunt you for life. Juvenile records are easily accessible and can prevent you from getting jobs, loans, housing, and more when you’re older. Luckily, New York City has options to seal juvenile records. This guide answers common questions to help you understand your rights.

What is a sealed record?

When records are sealed, they’re removed from public databases and filed separately by the courts. Most employers and landlords can’t access sealed records without a court order . So sealing gives you a clean slate.

Who is eligible to seal juvenile records in NYC?

You can seal records for crimes committed before age 16, with a few exceptions:

• Sex offenses
• Serious felonies like murder
• Crimes tried in adult court

You must also wait a “rehabilitation period” after your case ends, usually 1-4 years depending on the charges. This waiting period is waived if you were acquitted or your case was dismissed. The exact rules are complicated, so talk to a lawyer.

How do I seal juvenile records in New York City?

Sealing records involves filing a petition in Family Court. You’ll need to submit paperwork, fingerprints, fees, and other documents. The process takes 6-8 weeks .

Hiring a lawyer helps avoid mistakes. Sealing laws are complex and you must prove rehabilitation. Lawyers know how to complete the process smoothly.

Can I seal juvenile records on my own?

You can petition to seal records without a lawyer, but it’s tricky. Small mistakes can ruin your chances. I don’t recommend it unless your case was dismissed or you were acquitted. Even then, meet with a lawyer first.

If you do it yourself, get the forms from the Family Court website. Follow all instructions exactly. The Court’s Self-Help Center can answer basic questions.

How much does it cost to seal juvenile records in New York City?

It costs around $175 to file the petition and fingerprinting fees. Hiring a lawyer costs $2,000-$3,500 for simple cases, or up to $10,000 for serious felonies. It’s worth the money to avoid future career and housing problems.

If you can’t afford a lawyer, ask the Court to waive the filing fees. You may qualify for free legal help from nonprofits like Legal Aid.

What are the pros and cons of sealing my record?

Pros:

• Better job and housing opportunities
• Easier to qualify for student loans
• More likely to get approved for licenses
• Less background check discrimination

Cons:

• Costly legal process
• No guarantee it will be granted
• Government agencies can still access records
• Must disclose sealed records if applying for public office, firearms permit, or sensitive government jobs

Overall, the benefits outweigh the downsides for most people. Sealing records often opens doors that would otherwise stay closed.

What happens if my sealing petition is denied?

If the judge denies your petition, you can file again in 2 years. Filing again costs another $175. Work closely with your lawyer to strengthen your case. Figure out why it was denied and address those concerns.

For example, the judge may want to see more evidence of rehabilitation like volunteer work, positive employment history, and education. Take steps to build your resume before filing again.

Can I get in trouble for not disclosing sealed juvenile records?

If asked directly, you generally must disclose sealed juvenile records when applying for jobs in law enforcement, the judicial system, firearms permits, and public office. Otherwise, you’re allowed to omit sealed records like they don’t exist.

Private employers and landlords aren’t allowed to ask about sealed records. Some still ask illegally. It’s best to seek legal advice if asked an improper question on a housing or job application.

Will colleges see my sealed juvenile record?

No. Under NY law, colleges can’t access your sealed records without a court order. Answering questions about juvenile records on college applications is tricky though. Some lawyers recommend disclosing sealed records if asked directly.

Can juvenile records be destroyed instead of sealed?

New York doesn’t allow destroying juvenile records, only sealing. Advocates are pushing to change this. A bill in the NY legislature, the Clean Slate Act, would let people apply to destroy non-violent juvenile records after 10 years.

For now, sealing is still a huge benefit. Sealed records are locked away, giving you a clean slate. It’s an option worth pursuing if you’re eligible.

Having trouble with sealed records? Reach out for help. The NYPD Youth & Police Initiative assists people aged 13-24 with confidential consultations. They can guide you through the sealing process and connect you with legal resources.

Juvenile mistakes shouldn’t ruin your life. With some time and effort, you can overcome your past. Sealing records removes the public stigma and gives you a fair chance to build a bright future.