Do Juvenile Records Impact Housing Applications in New York?

Navigating the housing market can be challenging enough, but for those with a juvenile record, it can feel like an uphill battle. At Spodek Law Group, we understand the concerns and uncertainties that come with applying for housing when you have a juvenile record. Let's dive into this complex issue and shed some light on how juvenile records may impact housing applications in New York.

The Good News: Sealed Records and Limited Access

First, let's start with some positive news. In New York, juvenile records are generally sealed and not accessible to the public. This means that, in most cases, landlords and housing authorities cannot see your juvenile record during a standard background check. The law recognizes that youthful mistakes shouldn't haunt a person for life, and it provides protections to give individuals a fresh start.But here's the catch - while juvenile records are typically sealed, there are some exceptions and nuances that you need to be aware of. Let's break it down:

1. Automatic Sealing: Most juvenile delinquency records in Family Court are automatically sealed. This means that once your case is over, the records are not available to the public.
2. Youthful Offender Adjudications: If you were granted youthful offender status for a crime committed when you were 16, 17, or 18, those records are also confidential and sealed.
3. Exceptions: Some serious offenses, particularly those that would be considered felonies if committed by an adult, may not be automatically sealed.

When Might Juvenile Records Come into Play?

While the general rule is that juvenile records are sealed, there are situations where they could potentially impact a housing application:

1. Public Housing: Some public housing authorities may have broader access to criminal history information, including sealed records, for safety and security purposes.
2. Federal Housing Programs: Certain federal housing programs may require disclosure of all criminal history, including juvenile records.
3. Private Landlords: While private landlords typically don't have access to sealed juvenile records, they may ask about criminal history on applications.
4. Unsealed Records: If your juvenile record wasn't properly sealed or if you have subsequent adult convictions, this information could potentially show up on a background check.

What Can You Do to Protect Yourself?

If you're concerned about how a juvenile record might impact your housing application, here are some steps we recommend:

1. Know Your Rights: Understand that in most cases, you are not required to disclose sealed juvenile records.
2. Check Your Record: It's a good idea to verify that your juvenile record has indeed been sealed. Our attorneys can help you with this process.
3. Be Honest, But Strategic: If asked about criminal history, be truthful but remember that sealed records generally don't need to be disclosed.
4. Seek Legal Advice: If you're unsure about how to handle questions about your juvenile record, consult with an experienced attorney. We're here to help!

The Importance of Proper Sealing

Ensuring that your juvenile record is properly sealed is crucial. Here's why:

1. Privacy Protection: A sealed record keeps your past mistakes private, giving you a better chance at a fresh start.
2. Employment Opportunities: Beyond housing, a sealed record can also benefit you in job searches and other areas of life.
3. Peace of Mind: Knowing your record is sealed can provide peace of mind as you move forward in life.

At Spodek Law Group, we've helped many clients navigate the complexities of juvenile records and housing applications. We understand the nuances of New York law and can guide you through the process of checking your record status and addressing any concerns.

What If Your Record Wasn't Sealed?

If you discover that your juvenile record wasn't automatically sealed, don't panic. There are steps we can take:

1. File a Motion: We can help you file a motion with the court to have your record sealed.
2. Gather Supporting Documents: We'll work with you to collect evidence of rehabilitation, education, employment, and good character to support your case.
3. Represent You in Court: Our experienced attorneys will advocate on your behalf to get your record sealed.

Remember, having a sealed juvenile record doesn't mean the incidents never happened, but it does mean that, in most cases, you can honestly say you don't have a criminal record when applying for housing.

The Bottom Line

While juvenile records can potentially impact housing applications in New York, the law provides significant protections. With the right knowledge and guidance, you can navigate this process successfully.Don't let uncertainty about your juvenile record hold you back from pursuing your housing goals. At Spodek Law Group, we're here to help you understand your rights, check your record status, and take any necessary steps to protect your future.Have questions or concerns about how your juvenile record might affect your housing application? Don't hesitate to reach out. Call us at 212-300-5196 for a confidential consultation. We're here to help you move forward with confidence.