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what are my husbands rights with a felony convitction

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jengurl210

Junior Member
What is the name of your state?New York

My husband has been trying to get a job driving truck and they have all out right told him they cant hire him because of the felony convition. Is that legal? His felony is possession of like (fake) CDS, with intent to distribute in new jersey in 2004. What are his rights with something like that? How long does he have to wait to have that wiped off his record?
 


JETX

Senior Member
Is that legal?
Yep. Being a felon is not a protected employment class.

What are his rights with something like that?
HUH?? What makes you think he has some kind of special 'rights'????

How long does he have to wait to have that wiped off his record?
He has to wait until his death. NY does not allow expungement of convictions except in specific cases.
"DNA records and any samples, analyses, or other documents relating to the DNA testing of an individual in connection with the investigation or prosecution of a crime which resulted in the conviction that was reversed or vacated or for which the pardon was granted. New York Consolidated Laws § 995-c.
Youth offenders may have records expunged in the court’s discretion, using the inherent authority of the court. Fam. Ct. Act § 373.3.
Youth offenders may have all fingerprints, palm prints, photographs, and copies thereof, and all other information obtained in the case destroyed under Fam. Ct. Act § 354.1.
There is also a procedure for sealing records when a criminal action is terminated in favor of the accused. A sealing order under CPL § 160.50 includes all official records and papers, including judgments and orders of a court but not including published court decisions or opinions or records and briefs on appeal, relating to the arrest or prosecution, including all duplicates and copies, on file with the division of criminal justice services, any court, police agency, or prosecutor’s office. Sealed records are not made available to any person or public or private agency for general purposes, but may be unsealed in the interest of justice and used in later proceedings and applications for licenses, certain employment."
 

JETX

Senior Member
I didn't say I thought he had "special" rights. I asked what his rights ARE. Thanks for replying.
Hmmm... okay.
His 'rights' are:
1) To follow the law
2) To follow the rules of the court as to his probation (if any)
3) Pay his bills on time
4) Do everything else that is expected of any mature, responsible adult in society.
 

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