What is the name of your state?New York. Can someone provide with information regarding these? Preferably someone with experience regarding sealed criminal records and Consumer reporting and criminal checks.
10 years ago I was charged with a class b misdemeanor and pled guilty to a violation. I paid a $50 fine and received a conditional discharge and my criminal records (fingerprints, DA records, police records, prints recalled from FBI) in a year were sealed pursuant to NY CPL 160.55(termination of criminal action in the event of a plea to a non-criminal offense).
I understand my prints were destroyed and if i send in my prints to NY to obtain my record my record will come back with the arrest and conviction info with a 'sealed" notation on it (because the subject of the review receives the sealed info but not govt agencies except for law enforcement). I already have the entire contents of my court file (sum**** record, record of arraignment, disposition and sentence, letter of dispo).
My question is, am I entitled to review other sealed info such as from the DA';s office, notes from the people who questioned me, whether or not I signed any confessions or statements? Things like that. I remember when i was detained overnight, 2 guys game in to question me as to the kinds of cars I had driven over the past 15 years, etc. After, they told me why they were questioning me and that they were looking for someone else. After they left, the attending police clerk showed me a form and told me "if you sign in this spot you will go home a lot faster". Does anyone know what happened here?
I want to review these for possible vacation of conviction via a "440 motion". Or are these records something only a lawyer can access?
My next question--when it comes to criminal records and Consumer reporting, i found out that an arrest that ended in a conviction for a non-criminal offense is not reportable in a Consumer report to a client/employer/insurer that is located in NY state (NY general Business law/fair Credit reporting act 25.380 j), regardless of when it happened. However if the client/employer/insurer is located in a state that does not have it's own version of the FCRA like NY does, then a violation conviction can be reported for up to 7 years. After 7 years it cannot be reported unless the consumer/applicant will be making $75,000 per year or more or involves a credit/insurance transaction of $150,000 or more.
My main question--when a consumer report is prepared on a consumer/applicant for employment, insurance, loan, credit etc, are these criminal records automatically linked to your social security # when your ss# is entered, or do the criminal searches involve someone going to the court database? if the former, how would the system know to stop a violation from being reported in NY, or in another state if 7 years have passed and the salary will be less than $75,000? Do you see what I'm saying?.
Again, looking for someone with experience in sealing and consumer reporting of criminal records
thanks
rlrl
10 years ago I was charged with a class b misdemeanor and pled guilty to a violation. I paid a $50 fine and received a conditional discharge and my criminal records (fingerprints, DA records, police records, prints recalled from FBI) in a year were sealed pursuant to NY CPL 160.55(termination of criminal action in the event of a plea to a non-criminal offense).
I understand my prints were destroyed and if i send in my prints to NY to obtain my record my record will come back with the arrest and conviction info with a 'sealed" notation on it (because the subject of the review receives the sealed info but not govt agencies except for law enforcement). I already have the entire contents of my court file (sum**** record, record of arraignment, disposition and sentence, letter of dispo).
My question is, am I entitled to review other sealed info such as from the DA';s office, notes from the people who questioned me, whether or not I signed any confessions or statements? Things like that. I remember when i was detained overnight, 2 guys game in to question me as to the kinds of cars I had driven over the past 15 years, etc. After, they told me why they were questioning me and that they were looking for someone else. After they left, the attending police clerk showed me a form and told me "if you sign in this spot you will go home a lot faster". Does anyone know what happened here?
I want to review these for possible vacation of conviction via a "440 motion". Or are these records something only a lawyer can access?
My next question--when it comes to criminal records and Consumer reporting, i found out that an arrest that ended in a conviction for a non-criminal offense is not reportable in a Consumer report to a client/employer/insurer that is located in NY state (NY general Business law/fair Credit reporting act 25.380 j), regardless of when it happened. However if the client/employer/insurer is located in a state that does not have it's own version of the FCRA like NY does, then a violation conviction can be reported for up to 7 years. After 7 years it cannot be reported unless the consumer/applicant will be making $75,000 per year or more or involves a credit/insurance transaction of $150,000 or more.
My main question--when a consumer report is prepared on a consumer/applicant for employment, insurance, loan, credit etc, are these criminal records automatically linked to your social security # when your ss# is entered, or do the criminal searches involve someone going to the court database? if the former, how would the system know to stop a violation from being reported in NY, or in another state if 7 years have passed and the salary will be less than $75,000? Do you see what I'm saying?.
Again, looking for someone with experience in sealing and consumer reporting of criminal records
thanks
rlrl