Criminal Defense Lawyers

Why Are Some Criminal Records Not Public in New York?

Why Are Some Criminal Records Not Public in New York?

As experienced criminal defense attorneys in New York, we at Spodek Law Group often get asked about criminal records and why some are not publicly accessible. This is an important topic that impacts many of our clients, so we wanted to provide a comprehensive overview of criminal record privacy in New York State.

The Basics of Criminal Records in New York

First, let’s cover some basics about criminal records in New York. When someone is arrested or convicted of a crime in NY, a record of that incident is created and maintained by law enforcement and the court system. However, not all of these records are automatically available to the public.There are a few key types of criminal records in New York:

• Rap sheets – These are official arrest and conviction records maintained by the NY Division of Criminal Justice Services (DCJS). Rap sheets require fingerprints to access and are not public records.
• Court records – The NY court system maintains records of criminal cases and convictions. Some of these are publicly accessible, while others are sealed or restricted.
• Police records – Local law enforcement agencies keep their own records of arrests and incidents. Access to these varies.
• Background check reports – Private companies compile criminal record information from various sources to produce background check reports.

It’s important to understand that just because a criminal incident occurred, it doesn’t mean the records will be publicly available. New York has several laws and policies in place that restrict access to certain criminal records.

Why Some Criminal Records Are Not Public in New York

So why exactly are some criminal records kept private in New York while others are publicly accessible? There are a few key reasons:

1. Sealed Records

One of the main reasons some criminal records are not public in NY is that they have been officially sealed by the courts. Record sealing essentially hides the record from public view.Some key things to know about sealed records in New York:

• Certain records are automatically sealed by law, like juvenile delinquency records.
• Other records can be sealed by court order upon request, if eligible.
• Sealed records are not accessible through standard background checks.
• Law enforcement and some government agencies can still access sealed records.

Common types of records that may be sealed in NY include:

• Marijuana possession convictions
• Non-criminal violations
• Cases resolved through diversion programs
• Some first-time drug offenses
• Certain juvenile records

The goal of record sealing is to give people a second chance and prevent old mistakes from haunting them forever. At Spodek Law Group, we’ve helped many clients get their records sealed to protect their privacy and future opportunities.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

2. Expunged Records

Expungement is another way criminal records can be removed from public access in New York. When a record is expunged, it is completely destroyed and treated as if it never existed.Some key facts about expungement in NY:

• Marijuana convictions from before legalization are eligible for automatic expungement.
• Other types of records generally cannot be expunged in NY.
• Expunged records will not show up on any background checks.

Expungement offers the highest level of privacy protection for criminal records. Our attorneys at Spodek Law Group are experienced in navigating the expungement process for eligible marijuana convictions.

3. Youthful Offender Records

New York provides special protections for criminal records of young people through the youthful offender (YO) designation. This allows courts to keep records confidential for eligible youth under 19.Key things to know about YO records:

• They are automatically sealed and not publicly accessible.
• The conviction is replaced with a youthful offender finding.
• YO records don’t create a criminal record for the youth.

The YO designation gives young people a chance to avoid the lifelong consequences of a criminal record. Our attorneys fight hard to get YO status for eligible young clients to protect their futures.

4. Pending Cases

Criminal cases that are still pending and have not reached a final disposition are often not publicly accessible. This protects the privacy and presumption of innocence of those accused but not yet convicted.Some facts about pending case records:

• Basic case information may be available, but full records are restricted.
• Records become public if the case results in a conviction.
• Dismissed or acquitted cases may be sealed from public view.

If you’re facing pending charges, it’s crucial to have an experienced attorney protecting your rights and privacy throughout the process. At Spodek Law Group, we work tirelessly to resolve cases favorably and keep our clients’ information private.

5. Confidential Informant Records

Records related to confidential informants who assist law enforcement are kept strictly confidential to protect their safety and anonymity. This includes:

• Informant identities
• Information provided by informants
• Records of informant activities

The confidentiality of these records is crucial for maintaining trust between informants and law enforcement. Our attorneys understand the sensitive nature of informant-related cases and how to handle them discreetly.

The Impact of Private Criminal Records

The fact that some criminal records are not publicly accessible in New York has significant implications. Let’s look at how this impacts different groups:

For Individuals with Records

• Increased privacy – Sealed or expunged records protect people from the stigma of past mistakes.
• Better opportunities – Private records make it easier to get jobs, housing, and education.
• Fresh start – Non-public records allow people to move on with their lives more easily.

For Employers and Landlords

• Limited information – They may not see sealed records in background checks.
• Compliance challenges – Must be careful not to discriminate based on sealed records.
• Potential liability – Risk of lawsuits if they improperly access or use sealed records.

For the Criminal Justice System

• Encourages rehabilitation – Privacy protections support reintegration of offenders.
• Reduces recidivism – People with sealed records are less likely to reoffend.
• Administrative burden – Managing sealed and expunged records requires resources.

For Society at Large

• Second chances – Allows reformed individuals to contribute productively to society.
• Public safety concerns – Some argue the public has a right to know about criminal histories.
• Balancing interests – Requires weighing privacy rights against public information access.

As criminal defense attorneys, we see firsthand how important record privacy is for our clients. A single mistake shouldn’t define someone’s entire future. That’s why we fight so hard to seal and expunge records whenever possible.

How to Keep Your Criminal Records Private in NY

If you have a criminal record in New York that you want to keep private, there are several steps you can take:

1. Determine eligibility – Check if your records qualify for sealing or expungement under NY law.
2. File a motion – Submit the proper paperwork to request sealing/expungement from the court.
3. Attend a hearing – You may need to appear before a judge to make your case.
4. Provide supporting documents – Evidence of rehabilitation can help your request.
5. Be patient – The process can take several months to complete.
6. Follow up – Ensure all relevant agencies have processed the sealing/expungement order.
7. Know your rights – Understand when you do and don’t have to disclose sealed records.

Navigating this process can be complex, which is why many people choose to work with an experienced attorney. At Spodek Law Group, we handle record sealing and expungement cases regularly and know how to get results for our clients.

The Role of Criminal Defense Attorneys

When it comes to keeping criminal records private in New York, having a skilled defense attorney in your corner can make all the difference. Here’s how we at Spodek Law Group assist clients with record privacy:

• Evaluating eligibility – We review your case to determine all available options for sealing or expungement.
• Preparing strong petitions – Our attorneys craft compelling arguments for why your records should be sealed.
• Representing you in court – We advocate on your behalf at any required hearings.
• Navigating bureaucracy – We handle all the complex paperwork and follow up with relevant agencies.
• Protecting your rights – We ensure your privacy is maintained throughout the process.
• Providing guidance – We advise you on how to handle background checks and record disclosures going forward.

With over 50 years of combined experience in New York criminal law, our team at Spodek Law Group has the knowledge and skills to effectively keep our clients’ records private. We understand how much is at stake and fight tirelessly for the best possible outcomes.

Conclusion

Criminal record privacy is a complex but crucial issue in New York. While many records are publicly accessible, there are important exceptions that allow certain records to be sealed, expunged, or otherwise kept private. This protects individuals’ privacy rights and supports rehabilitation efforts.If you have questions about the privacy of your own criminal records in New York, don’t hesitate to contact us at Spodek Law Group. Our experienced attorneys can evaluate your situation and advise you on the best path forward. With our help, you can take control of your record and protect your future.Call us today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a consultation. Your privacy matters, and we’re here to help you protect it.