Pardon for misdemeanor crimes 35 years ago

[davecim]

What is the name of your state? New York
Is there any way to get a pardon or remove from the record
for 2 misdemeanor crimes
comitted over 35 years ago?
Because if this problem my wife was disqualified
for home health care in our home.

If someone can help or give advice
I would appreciate it very much.

davecim

 

[seniorjudge]

What is the name of your state? New York
Is there any way to get a pardon or remove from the record
for 2 misdemeanor crimes
comitted over 35 years ago?
Because if this problem my wife was disqualified
for home health care in our home.

If someone can help or give advice
I would appreciate it very much.

davecim

Expungement/pardon

There are several thousand questions on this forum similar to yours. Thus, I have prepared a standard answer.

Standard answer: Expungement is generally granted for illegal arrests or unlawful convictions. Generally, pardon mean you are forgiven for the crime but it remains on your record.

The usefulness or effectiveness of either procedure is generally worthless.

Check with the governor or attorney general of your state to see how you can go about either of these procedures. Check with the Attorney General or the President for federal expungement or pardon.

You must remember that there may be private background check companies that have past offenses on their databases; those reports will never be expunged.


https://forum.freeadvice.com/showthread.php?p=848776#post848776

http://www.uslegalforms.com/lawdigest/expungement-of-criminal-records-law.htm



Stand by...others may offer more advice.

 

[xylene]

What is the name of your state? New York
Is there any way to get a pardon or remove from the record
for 2 misdemeanor crimes
comitted over 35 years ago?
Because if this problem my wife was disqualified
for home health care in our home.

If someone can help or give advice
I would appreciate it very much.

davecim

Please clarify your specific situation, what you have asked is very vague

Who disqualified you? Specific agency?

What was there exact reason for disqualification?

Are you or your wife the one with the record. (or both) ?

What are your finances? Are you on medicaid and/or medicare?

Do you have an advocate or or social worker?

Are you in New York City, the island, or an upstate county?

What does your county (or city) services agency say?

 

[davecim]

Is there any way to get a pardon or remove from the record

Hi Xylene,
Thank you for you reply I will try to give
all the infomation about my case.

Person who denied my application.

Margaret Drake
Office of Mental Retardation and Developmental Disabilities (OMRDD)

OMRDD
Criminal Background Check
PO Box 3005
Schenectady NY 12303

My wife Lydia Ciminelli applied for familycare provider.
She was denied because of my record which were misdemeanors
that happened in 1958 and 1970.

On the application it said they only go back 10 years.

Here the reason they gave us
Denied the application on the grounds I was convicted of a crime or crimes and that this determination was made consistent with the provisions of Article23-A of the Corrections Law.
Because of this Lydia was not approved for in home care.

I am the one with the record.
Lydia has no record at all.

I am retired and I only recieve a small Social Security Check every month and I have Medicare.
I do not have an advocate or social worker.
I am in Renselaer County in upstate New York.
I have not contacted county or city services.

This has put a severe hardship on us financially and emotionally.
We would appreciate any help and advice you
can give us.

Thank you
Dave Ciminelli
[email protected]

 

[fairisfair]

you are still in the home. what was the nature of your convictions?

 

[davecim]

35 and 48 years ago

Yes I live with my wife.

THe convictions were
4/18/58 Assault 3 misdemeanor Queens County had no lawyer for this one
4/17/70 petit larceny class A misdemeanor Suffolk County Court

Thanks for your interest

Dave Ciminelli

 

[garrula lingua]

Dave,
If I understand you correctly, 'they' are not trying to deny your wife access to home health care for herself;
'they' just won't approve you as being the paid (by their agency) health care provider.

Is that correct ?

 

[davecim]

No that is not correct. Let me explain. My wife applied for a position to take care of an developmental disabled individual in our home. She is well trained and qualified to do this as she works as an individual support aide at Saratoga Bridges ARC (Association for Retarded Citizens). Because of my prior record she was denied this and on the application which we both had to fill out, It stated they only go check back ten years which was not true as they went back fourty eight years in my case. Is this fair?

 

[garrula lingua]

No, it doesn't sound fair to me. But, I believe they have a right to chose what environment they put their clientelle.

I guess they forfeit your (& your wie's) 'rights' to earn a living, in order to ensure the handicapped person is protected (I'd do the same to protect the innocent (in my charge) to the utmost).

Isn't there some other work available ?

You may be able to appeal this decision, but it sounds as though there's no time limit on convictions, to protect the cared-for person. Your house is unacceptable to them & they have a right to set the parameters.

They have the legal right to refuse to hire your wife. It may not sound 'fair' as the convictions are so old, but why should they put someone very impressionable in a household with someone with a(ny) demonstrated lack of judgment and control ?
Why should they take any chances with their charges ?

 

[davecim]

Thank you for your opinon even though
I was not guilty of this assault charge which I explained to NYS OMRDD
I won`t go into it as it seems a waste of time any way.

I just want to let you know I filled out a false application
as it clearly states they only check back 10 years
which I wouldn`t have filled it out other wise if I knew
they would go back 48 years

Now I have exposed my past record to dozens of people
and even my wife who didn`t even know about my past record
before this.

This stateseem to have rules which suit them.

They do not care if you are a rapist ,pervert or even a murderer
as long as you didn`t do it in the state of New York

This means there are people they have accepted that have
been convicted of these crimes and they are putting
thhese handicapped people in there homes right now.

Before I close I would like to ask you
even if I was guilty of that charge 48 years ago
would you do the same things now
as you would 48 years ago???

Does any one think or do what they use to
do in their early twentys after almost 50 years?

Ever the worst criminals get a pardon or parole
and a chance to start over
Give me a break.

davecim

 

[CdwJava]

Check to see what the appeals process might be. If the process is the same there as it is here, there is a process for appealing the decisions of the review board. And you might consider an attorney for this. Who knows, they may NOT be able to lawfully consider offenses going back that far.

Additionally, even if you were to get a pardon for your old offense, the record is still known to the agency and it could still result in your wife's disqualification.

- Carl

 

[davecim]

Hi Carl thank you for your input.
There is no appeal
My wife spoke with Margaret Drake of NYS OMRDD
I belive she is the one who denied my application though
she won`t admit it,any way she said there is no appeal
this is it.

Hard to belive huh?

Thanks
Dave

 

[CdwJava]

It might not hurt to consult with an attorney. She may have been told there was no appeal through that office (or some such vaguery) ... this is not the same as there not being an avenue of appeal.

I am familiar with the Daycare process here, and if the application process for being an in-home care provider is anything like Daycare, then there are other avenues to pursue. They may not be easy, and they may require forking for an attorney, but I wouldn't take the word of the person who rejected the application as the final word about any appeals.

Since my reading of the regulations would seem to indicate that your conviction falls under a discretionary area for exclusion in the regulations - as opposed to a mandatory exclusion - I would think that there is some process to follow for appeal.

- Carl

 

[davecim]

Thanks for your interest and all informtion you have given me.
you give us new hope even though hiring a lawyer is out of reach
we will try contacting Civil Liberties and see if they will help.
I will also write the attorny general and the Governor to
see if I can get my record expunged

thanks again Carl you been very helpful
and I appreciate you giving me your time and advice.

Dave

 

[rlrl]

Hi Dave...

I work for a clinic supervised by NY state OMH. I have a violation conviction on my record so my rap sheet is sealed. I have a professional license which was not affected and luckily due to my status i was exempted from being fingerprinted (no record would show anyway).

I'm telling you this to let you know that because of my record I know how these things work in NY so I may be a bit of help to you

At my job OMH started fingerprinting certain employees for criminal background checks to check for any disqualifying offenses. Such disqualifying offenses were felonies of a sexual or violent nature. If it was found that an employee had such a disqualifying offense, the applicant could not be hired, or the existing employee fired. If any lesser offenses were found (ie misdemeanors) OMH did not mandate not hiring or firing but left the decision up to the provider whether or not to retain or fire, hire or not hire.

Review the laws as to exactly the type of offenses that are disqualifying. It's possible that OMRDD laws are more stringent than OMH. i don't know. if you don't fall under the classification of a disqualifying offense, you may be able to appeal this.

You have to find out if your misdemeanors are disqualifying offenses

RL