What to do if a sealed offense shows up on my criminal record?

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What to do if a sealed offense shows up on my criminal record?

I was charged of a 2nd Degree Felony during 2002. I was 17 when initially arrested and turned 18 by the time the case ended in 12/02. The charge was reduced to a violation of disorderly conduct and I was told that my record would be sealed. I was under the impression that I had no criminal history until I recently requested a letter of good conduct from the police department so I could renew my passport. The report read that I had a 1 felony charge (PL 130.30 01 DF). I was in total disbelief that all this time my record was not sealed.

Asked on February 9, 2011 under Criminal Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Sometimes, not often, records that were suppossed to have been sealed are not.  Therefore, the offense still shows up on a criminal record history.  There are steps that you can take to clean-up your record under NY law.  For an explanation, here is a link to a site that I think you will find to be of help:  http://criminal-law.freeadvice.com/arrests_and_searches/overview-of-expunging-clearing-your-criminal-record-in-new-york-state.htm  You can then click on the associated links for more information.


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