Full question:
I had a violation at 16 years old in New York, which was recently sealed. I previously lied about my age and had forgotten about it. Until a background check was done and it came up. It is now sealed after 3 years of working on it. I am 44 years old now and a registered nurse wishing to transfer my license to another state. On the application it asks have I ever been arrested and why? Will I have to say yes and tell them why? What does it really mean to have your case sealed. I was young and made a mistake. What I did is very embarrassing to have to tell others. Every time I apply for a job, will I have to say that I was arrested. Will anyone know if they run my social security number or if I am finger printed? I work as a homecare nurse with an adult population.
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Connecticut
Answer:
In New York, when a criminal case is sealed under CPL § 160.50, it means that all official records related to that case are not generally accessible to the public. This includes records held by courts, police, and other agencies. Sealed records can only be accessed under specific circumstances, such as for certain employment applications or legal proceedings.
As for your nursing license transfer application, if it asks whether you have ever been arrested, you should answer truthfully. However, since your case is sealed, you typically do not need to disclose the details of that arrest. Sealed records should not appear in background checks that involve your social security number or fingerprinting, as long as the sealing process was properly completed.
It's important to note that while sealed records are protected, there are exceptions where they may be unsealed for specific legal purposes or employment situations. For most job applications, especially in fields like nursing, employers may not have access to sealed records. However, you should consult with a legal professional for personalized advice regarding your specific situation and the application process in the new state.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.