Fill and Sign the New York New York Expungement Guide to Sealing Records and Clearing a Rap Sheet Form

HOW TO GET AND CLEAN UP YOUR NEW YORK STATE RAP SHEET ACKNOWLEDGMENT This booklet was made possible through the generous support of the New York State Legislature and the New York State Division of Probation and Correctional Alt ernatives. First Edition © 1993 Second Edition © 1994 Third Edition © 1996 Fourth Edition © 1999 Fifth Edition © 2001 Sixth Edition © 2003 Seventh Edition © 2007 Copyright © 2007 All rights reserved. Legal Action Center of the City of New York, Inc. 225 Varick Street, New York, NY 10014 Phone: (212) 243-1313 Fax: (212) 675-0286 Web: http://www.lac.org HOW TO GET AND CLEAN UP YOUR NEW YORK STATE RAP SHEET T ABLE OF CONTENTS ACKNOWLEDGEMENT……………………………………………………………………………………. 2 INTRODUCTION……………………………………………………………………………………………. 6 RAP SHEETS………………………………………………………………………………………………… . 7 WHO CAN SEE YOUR DCJS RAP SHEET?................... ................................................................................ 8 OFFICE OF COURT ADMINISTRATION “RAP SHEETS”……………………………………………….. 10 WHY SHOULD I SEE A COPY OF MY RAP SHEET?…………………………………………………… 11 HOW CAN I FIND OUT WHAT IS ON MY RAP SHEET?........ .................................................................. 12 If you are currently incarcerated……………………………………………………………………. 13 If you are not incarcerated or if you will be inca rcerated for less than 45 days……………………. 13 Other Options………………………………………………………………………………………. 14 HOW DO I READ MY RAP SHEET?.......................... .......................................................................... ......... 15 WHAT SHOULD I LOOK FOR WHEN I REVIEW MY RAP SHEET?........................................................ 15 COMMON RAP SHEET MISTAKES……………………………………………………………………….. 15 WHAT ABOUT ARRESTS THAT HAPPENED WHEN I WAS A YOUTH?. .............................................. 16 CLEANING UP YOUR RAP SHEET— CORRECTING MISTAKES…………………………………… 18 SEALING CASES………………………………………………………………………………………....... 20 CAN I GET CASES EREASED FROM MY RECORD?............. .................................................................. 20 WHAT DOES IT MEAN IF A CASE IS SEALED?............. ......................................................................... 2 0 WHAT KINDS OF CASES CAN BE SEALED?................. ........................................................................... 21 WHO GETS TO SEE SEALED CASES TERMINATED IN MY FAVOR? .................................................. 23 WHO GETS TO SEE SEALED VIOLATIONS OR TRAFFIC INFRACT ION RECORDS?....................... 23 HOW DO I APPLY TO HAVE MY RECORDS SEALED?........... ................................................................. 24 HOW DO I WRITE A SEALING MOTION?.................... ........................................................................... ... 27 SEALING Q’S AND A’S……………………………………………………………………………………. 28 What if I am incarcerated and cannot go to court?.. ........................................................................... 28 How long does it take to seal a case record?...... ................................................................................ 28 How do I know that my case has been sealed?................................................................................... 28 What can I do if a case that I know was sealed by the court is not sealed on my rap sheet?.............. 29 How do I seal a case on my FBI rap sheet?......... ............................................................................... 29 Can my misdemeanor or felony convictions be sealed?................................ ..................................... 29 Do I have to disclose information about my sealed records to a prospective employer?................... 30 If I have a conviction from my youth, can it be se aled?..................................................................... 30 How can I have my JD sealed from the criminal justice system?................... ................................... 31 Will my records be sealed if my case was transferr ed from Criminal or another court to Family Court?............................ ............................................................................................. 31 HOW TO GET AND CLEAN UP YOUR NEW YORK STATE RAP SHEET CERTIFICATE OF RELIEF FROM DISABLITIES AND CERTIFICATE OF GOOD CONDUCT …………………………………………………………………………………....... 31 IS THERE ANYTHING I CAN DO ABOUT MY CRIMINAL CONVIC TIONS?........................................ 31 APPLYING FOR CERTIFICATES OR RELIEF FROM DISABILITIES AND CERTIFICATES OF GOOD CONDUCT…………………………………………………………………… 32 WHICH CERTIFICATE SHOULD I APPLY FOR?............... ........................................................................ 33 HOW DO I APPLY FOR A CERFTIFICATE OF RELIEF FROM DI SABILITIES?.................................... 34 HOW DO I APPLY FOR A CERTIFICATE OF GOOD CONDUCT?.. ......................................................... 35 WHAT IF THE JOB I AM SEEKING IS CONSIDERED A PUBLIC OFFICE?........................................... 36 COMPLETING EMPLOYMENT APPLICATIONS …………………………………………………..... 37 WHAT IS A CONVICTION?.............................. ............................................................................ ................. 37 WHAT MUST I DISCLOSE ABOUT MY CRIMINAL RECORD?...... ......................................................... 37 HOW DO I LIST MY CONVICTIONS?...................... ................................................................................... 39 HOW DO I HELP MYSELF AT THE INTERVIEW?.............. ....................................................................... 40 CAN AN EMPLOYER DENY ME A JOB BECAUSE I HAVE A CRIMIN AL RECORD?........................ 40 APPENDICES ……………………………………………………………………………………………...... 42 APPENDIX 1 : RAP SHEET REQUEST FOR PERSONS INCARCERATED IN STATE FACILITIES…………………………………………………………………………………….. 43 APPENDIX 2 : RAP SHEET REQUEST FOR PERSONS INCARCERATED IN LOCAL FACILITIES…………………………………………………………………………………...... 44 APPENDIX 3 : DISPOSITIONS THAT MAY BE SEALED UNDER SECTION 160 .50 OF THE CRIMINAL PROCEDURE LAW………………………………………………………………...... 45 APPENDIX 4: VIOLATIONS AND TRAFFIC INFRACTIONS THAT CAN BE SEALED UNDER SECTION 160.55 OF THE CRIMINAL PROCEDURE LAW…………………….. 46 APPENDIX 5 : SAMPLE THREE COLUMN DCJS RAP SHEET AND KEY……………………………. 47 Older Version (Three Column)…………………………………………………………………… 47 Key To Sample “Three Column”: DCJS Rap Sheet…………………….………………………..... 47 APPENDIX 6: SAMPLE SECURE SERVICES DCJS RAP SHEET AND KEY……………………...….. 49 Secure Services Rap Sheet (Contains “CYCLES”)……………………….……………………… 49 Key To Sample “Secure Services-Cycle” DCJS Rap She et……..…………………………………. 50 APPENDIX 7: EXAMPLE OF DISPOSITION SLIP………………………………………………………. 56 APPENDIX 8: MODEL LETTER TO COURT REQUESTING DISPOSITION SLIP……………………. 57 APPENDIX 9: MODEL LETTER CHALLENGING INFORMATION ON A RAP SHEET AND REQUESTING CORRECTIONS…………………………………………………………….. 58 APPENDIX 10: LETTER TO THE COURT REQUESTING SEALING OF CASE WITHOUT AN AFFIDAVIT………………………………………………………………………………… 59 HOW TO GET AND CLEAN UP YOUR NEW YORK STATE RAP SHEET APPENDIX 11: MODEL COVER LETTER TO COURT WITH A SEALING MOTION AFFIDAVIT………………………………………………………………………………………. 60 APPENDIX 12: MODEL LETTER REQUESTING AN APPLICATION FOR CERTIFICATE OF RELIEF FROM DISABILITIES……………………………………………………..… 61 APPENDIX 13: MODEL LETTER REQUESTING AN APPLICATION FOR A CERTIFICATE OF GOOD CONDUCT………………………………………………………………….. 62 APPENDIX 14: SAMPLE PAPERS FOR SEALING MOTION UNDER CPL §160.50 AND BLANK FORMS FOR YOU TO COMPLETE……………………………….. 63 APPENDIX 15: SAMPLE PAPERS FOR SEALING MOTION UNDER CPL §160.55…………………… 69 APPENDIX 16: LIST OF ADDRESSES FOR MAJOR NEW YORK STATE COURTS………………..... 75 HOW TO GET AND CLEAN UP YOUR NEW YORK STATE RAP SHEET INTRODUCTION In New York State, there are more than 4 million arrest records, dating back to the 1890s, on file in the computers of the Division of Criminal Justice Services (DCJS). If you have ever been arrested for a fingerprintable offense in New York State, even if you were never found guilty of the charges, you have an arrest record on permanent file at DCJS. These records— also called “rap sheets”— cannot be destroyed or expunged. Many criminal justice agencies (such as police departments, courts, prosecutors, correction facilities, and probation and parole offi ces) have the right under New York State law to see your rap sheet. Certain employers, licensing agencies and others may also have access to your criminal records. If you have a rap sheet, it is important for you to review it. You should know exactly what information it contains, and you should make sure that the informa tion it contains is accurate. This booklet will teach you how to get a copy of yo ur rap sheet and understand it. It will also explain what you can do to make your record appear less threatening to potential employers and anyone else who may be e ntitled to see it. This will help prepare you for finding a job. We have also p rovided you with model letters for certain rap-sheet related issues. Throughout this manual, the terms “rap sheet,” “record,” “criminal history record,” “criminal record,” “arrest record” and “DC JS record” will be used interchangeably. The Legal Action Center is a non-profit, public int erest organization that works with individuals with criminal records, people with histories of drug or alcohol addiction, and people with HIV/AIDS. The Center has helped thousands of individuals “clean up” their rap sheets. HOW TO GET AND CLEAN UP YOUR NEW YORK STATE RAP SHEET DCJS keeps track of arrests in New York State only. Out-of-state and federal cases will not appear on your New York rap sheet. The FBI keeps a complete listing of criminal justice information provided by state repositories around the country, and your DCJS file will have a notation of your FBI computer code number. RAP SHEETS WHAT IS A “RAP SHEET”? If you have ever been arrested in New York State an d fingerprinted, you have a New York State rap sheet. A “rap sheet” is a record of your arrest and convi ction history in New York State. The Division of Criminal Justice Services (DCJS) in Albany maintains rap sheets. Each time you are arrested and fingerprinted, the police department se nds information concerning the arrest to DCJS. If you have been arrested before, DCJS adds the new information to your computer file; if not, a file is created for you. DCJS keeps track of arrests in New York State only. Out-of-state and federal cases will not appear on your New York rap sheet. The FBI keeps a complete listing of criminal justice information provided by state repositories around the country, and your DCJS file will have a notation of your FBI computer code number. 1 Your rap sheet may also contain the notation “multi state” if you have been arrested outside New York. The state and local courts send i nformation to DCJS as well. After you have seen a judge, the court contacts DCJS to repor t what has happened to the case. This information is also known as the “disposition” of t he case. There are many possible dispositions, which could appear on your rap sheet. Some common dispositions include “CONVICTED UPON A PLEA OF GUILTY,” “DISMISSED,” and “CHARGE NOT CONSIDERED BY GRAND JURY.” If you fail to appear o n your assigned court date and a bench warrant is issued for your arrest, the court tells DCJS, and the warrant is added to your record and will appear on your rap sh eet. Remember: If you were arrested, fingerprinted and c onvicted, but served no time in jail, you still have a DCJS record. Also, if you were arr ested and fingerprinted and the courts dismissed the case, you still have a DCJS record on file. However, this case should be sealed. Thus, information will not be available to people and agencies who are allowed to see your rap sheet, except in very limited circumstances. 1. To learn how to obtain a copy of your FBI rap sheet, see page 13. HOW TO GET AND CLEAN UP YOUR NEW YORK STATE RAP SHEET Most employers do not have the right to see your rap sheet. But New York State law does allow some groups of employers to get copies of your rap sheet when they are considering whether to hire you. WHO CAN SEE YOUR DCJS R APSHEET ? Five categories of people and agencies may see a copy of your rap sheet: Criminal justice and law enforcement agencies Police departments, courts, prosecutors and defense attorneys, parole and probation departments, and correctional officials h ave the right to review your rap sheet, including, in most cases, youthful offen der adjudications, which are otherwise confidential. In rare cases, “sealed” information is also released (see page 23 for information about sealing records) . Private and public employers Most employers do not have the right to see your ra p sheet. But New York State law does allow some groups of employers to get copi es of your rap sheet when they are considering whether to hire you. Any emplo yer who fingerprints you as part of the hiring process will probably send your fingerprints to DCJS to obtain your rap sheet. In addition, any employer can, with your permission , run a criminal background check on you, both when you apply for a job and eve n once you have a job. Employees often hire credit reporting agencies to d o these background checks. Credit reporting agencies frequently get access to court records showing criminal conviction histories, and report them to e mployers. But there are legal limits on the information a credit reporting agency may gather and deliver, and there are legal requirements that any employer who uses these background checks must follow. For more information, see Are You… a free Legal Action Center publication available at www.lac.org/pubs/gratis/html . Here is a partial list of employers in New York State w ho are allowed, by law, to send for your rap sheet from DCJS or the FBI: