Re: FBI fingerprinting

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Posted by rl on July 03, 2003 at 18:02:16:

In Reply to: FBI fingerprinting posted by MikeV on July 01, 2003 at 21:08:50:

: I was arrested several years ago in New York for a misdemeanor and was given an ACD. I am now applying for a teaching job in Florida and they ask if there are any sealed records. According to a Florida statute, school districts are supplied with sealed and expunged records. When I'm fingerprinted by the FBI, will this show up since New York doesn't reveal sealed records? New York does not have such a statute. Any help would be greatly appreciated.
***i am familiar with this because i pled guilty to a violation in NY and my record is sealed via 160.55 of the CPL in NY. Since you got an ACD your record is sealed under 160.50 of the NY CPL.

Normally NY state sends the FBI an expungement order to purge their records of any arrest information when your record gets sealed. But to be on the safe side you may wish to send the FBI a roll of fingerprints so they can check your record. You have to send to their identification unit in Clarksburg, W Va with a fee of $18 I believe. General concensus, however is that when your record is sealed in NY you will no t and should not have a record with the FBI.

However, I have heard more and more these days that sometimes sealed records can be revealed to employers such as child care agencies and banks, school districts, etc but that is only rumor. Normally in NY at least the only time a sealed record can be revealed is during a law enforcement check such for a pistol permit or to work as a police officer or getting arrested.

I have no idea if Fla can request your sealed NY record. It is possible that if this is a law enforcement check then they may be able to obtain the sealed information from NY.

If they ask you about sealings outside of Fla then i would think you would have to say "yes". Law enforcement is authorized to see sealed information.

hope this helps

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: : I was arrested several years ago in New York for a misdemeanor and was given an ACD. I am now applying for a teaching job in Florida and they ask if there are any sealed records. According to a Florida statute, school districts are supplied with sealed and expunged records. When I'm fingerprinted by the FBI, will this show up since New York doesn't reveal sealed records? New York does not have such a statute. Any help would be greatly appreciated.
: ***i am familiar with this because i pled guilty to a violation in NY and my record is sealed via 160.55 of the CPL in NY. Since you got an ACD your record is sealed under 160.50 of the NY CPL.

: Normally NY state sends the FBI an expungement order to purge their records of any arrest information when your record gets sealed. But to be on the safe side you may wish to send the FBI a roll of fingerprints so they can check your record. You have to send to their identification unit in Clarksburg, W Va with a fee of $18 I believe. General concensus, however is that when your record is sealed in NY you will no t and should not have a record with the FBI.

: However, I have heard more and more these days that sometimes sealed records can be revealed to employers such as child care agencies and banks, school districts, etc but that is only rumor. Normally in NY at least the only time a sealed record can be revealed is during a law enforcement check such for a pistol permit or to work as a police officer or getting arrested.

: I have no idea if Fla can request your sealed NY record. It is possible that if this is a law enforcement check then they may be able to obtain the sealed information from NY.

: If they ask you about sealings outside of Fla then i would think you would have to say "yes". Law enforcement is authorized to see sealed information.

: hope this helps

: rl

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