How Can Juveniles Get Their Criminal Records Sealed in New York?

Getting juvenile records sealed in New York can be a confusing process. This article will break it down into simple steps and explain the options available to juveniles looking to seal their records.

Why Seal Juvenile Records?

Having a criminal record can make many things difficult for juveniles later in life – getting jobs, renting apartments, applying for college, etc. Sealing records helps give juveniles a fresh start and second chance by restricting access to their records.

Sealing records doesn’t erase or expunge them, but it does provide more privacy and opportunities for juveniles. Sealing also shows that the juvenile has been rehabilitated and deserves a clean slate.

What Records Can Be Sealed in NY?

In New York, different types of juvenile records have different rules around sealing:

• Crimes committed by juveniles – these records are automatically sealed
• Youthful offender adjudications – also automatically sealed
• Violations and infractions like disorderly conduct – eligible for sealing
• Felonies and misdemeanors – some can be sealed through a court application

So in summary, minor crimes like violations get sealed automatically, while more serious crimes require an application to the court.

How to Seal Juvenile Records

Automatically Sealed Records

For minor juvenile offenses like violations, the records are automatically sealed once the case is resolved. This includes things like trespass, disorderly conduct, and minor drug possession charges.

Juveniles don’t have to do anything here – the courts handle the sealing process. However, it’s a good idea to confirm the records were actually sealed by checking with the court or police department.

Applying to Seal Records

To seal more serious criminal records, juveniles must submit an application to the court. This includes felonies and misdemeanors. The process involves:

1. Obtaining the required forms – available at the courthouse or online
2. Filling out the forms with details on your case and why sealing is appropriate
3. Filing the forms with the county court that handled your case
4. Attending a court hearing where the judge reviews your request
5. Receiving the judge’s decision on whether sealing will be granted

This process can take several weeks or months depending on the court’s schedule. The judge will consider factors like the severity of your offense, your rehabilitation efforts, and your good conduct when deciding whether to grant sealing.

Timing of Applications

Applications to seal records can generally be made:

• 1 year after misdemeanor conviction
• 3-10 years after felony conviction depending on offense
• Immediately if acquitted or case dismissed

The waiting periods give juveniles a chance to demonstrate rehabilitation before sealing. But for minor resolved cases, sealing can happen right away.

Appealing a Denial

If the judge denies a sealing application, juveniles can file an appeal to challenge the decision. This involves submitting appeal paperwork and appearing before a panel of appeals court judges to argue why sealing should be granted.

Appeals must be filed within 30 days of the denial. Having a lawyer assist with the appeals process can greatly help improve the chances of success.

Limitations of Sealed Records

While sealing records makes them largely inaccessible, some entities can still view sealed files like police, prosecutors, and licensing agencies. Sealing also doesn’t prevent records being reported to the FBI.

And if juveniles commit future crimes, their sealed records may be reopened and used against them. So sealing should be seen as a conditional second chance, not a permanent erasure.

Other Options for Juveniles

Beyond just sealing, New York offers other forms of relief for juveniles seeking to overcome their records:

• Expungement – permanently destroys records, but rarely granted in NY
• Certificates of Relief/Good Conduct – help restore rights lost due to conviction
• Non-disclosure – allows denying the existence of sealed records

While sealing is the most common and accessible option, these other avenues may be useful depending on individual circumstances.

The Bottom Line

Sealing juvenile records in New York involves either automatic sealing for minor offenses or submitting a court application for more serious crimes. While sealing doesn’t erase records fully, it can still transform opportunities and second chances for juveniles.

Navigating the sealing process can be difficult, but legal advocates and resources are available to help. With persistence and rehabilitation, many juveniles can achieve sealing and reclaim their futures.