my husband caught a case back in 2000 and had timed served around march. i was told that it will only stay on his record for 5 years. we arent able to get an apartment with his name on the lease. someone else told me they never go away. i know it will never leave his record but how long does it take to where apartments or jobs cant look it up?
2006-07-27 09:06:56 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
how do they expect them to get an apartment or job then?
2006-07-27 09:11:19 · update #1
the charge was for possesion of cocaine
2006-07-27 09:55:17 · update #2
by the way this is not a juvenille case and if you dont put him on the lease and we get caught then we both get kicked out
2006-07-28 03:43:09 · update #3
I am a NYS Trooper and in NYS the way it works for juveniles is in cases where a defendant is granted youthful offender status, all records are automatically sealed upon adjudication. See NY CPL § 720.35. This provision exists to insure that young offenders do not carry the stigma of a criminal record with them throughout their lives.
Much more difficult than cases of acquittal is the possibility of expungement where an actual conviction has been entered for adults. In cases where there is a conviction for an infraction or a violation (not a misdemeanor or a felony), except the violations of loitering and driving while impaired, the sealing of records is permissible. See NY CPL 160.55. There are certain instances where a misdemeanor conviction may be reduced to a violation after the period of probation is over and all the terms are completed. If this occurs, then the sealing of records will also occur pursuant to law. Further, in cases where there is a conviction of a felony sexual offense, the possibility for expungement is even more limited. Expungement is usually only available if one has received a pardon from the governor. the law and procedure governing the expungement or sealing of records in New York is quite complex and involves more exceptions than rules, especially in matters involving unlawful sexual conduct. Thus, it is always good judgment to seek the advice and counsel of an attorney licensed to practice law in New York State, and one experienced in the area of criminal law generally and sex crimes more specifically. If you think that your case may be eligible for expungement, contact an attorney. Expungement does not occur automatically. It requires in most cases a written motion or application pursuant to stringent legal requirements. To promote one’s individual rights, you must seek legal guidance to ensure the best possible chances of clearing your record.
2006-07-27 09:13:28 · answer #1 · answered by Anonymous · 0⤊ 1⤋
When a background check is run by employers, apartments, etc. they will either do a 7 or 10 year background check.
Another thought, though, have him fill out the paperwork (and file with court where conviction was) to have the charges dismissed. The paperwork is called, Request to Vacate Judgement/Dismiss Charges/Restore Civil Rights. It is free to file it.
Good luck!
2006-07-27 16:11:01 · answer #2 · answered by onejazzyjul 3 · 0⤊ 0⤋
Felonies never leave an adult record. Your only hope is time. Jobs will accept felons if the crime was committed long enough in the past. Same for apartments.
2006-08-02 04:03:33 · answer #3 · answered by Family Guy 3 · 0⤊ 0⤋
It depends on the nature of the felony. A felony is attached to your SS#. It follows you everywhere! Forever! I agree with everyone else in trying to get that portion of his record sealed. You might have to get the apartment in your name, if income to debt ratio is not a factor.
Good luck!!!!
2006-07-27 16:15:02 · answer #4 · answered by Brighteyes9541 2 · 0⤊ 0⤋
no felonies never go away. but he can seal his records.depending on the laws in your state. pay a fee like usually around 100 dollars or so at the courthouse,fill out paperwork,and they seal your criminal records.that can take a lil time. so either ditch that loser, or dont add him to the app at the time of filling it out.or get a co signer.
2006-07-27 16:12:35 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Felonies stay on your record....forever.
Some states allow you to put together a package to ask for a pardon. lot of work to compile though but if he's serious about it he'll make the effort.
2006-07-27 16:09:51 · answer #6 · answered by Quasimodo 7 · 0⤊ 0⤋
It can stay on forever, but answerer Onejazzyjul, gave you an wonderful suggestion armed with what you need to do.
2006-07-27 19:38:15 · answer #7 · answered by midnightdealer 5 · 0⤊ 0⤋
he can't erase the fact, but for "fiction" law creates lapse (limitation period). and after some time that will not be taken into account. I guess...
2006-07-27 16:31:24 · answer #8 · answered by rigasport 2 · 0⤊ 0⤋
unfortanatily it wont go away it will always be there including any juvinal records as well :( sorry
2006-07-27 16:14:50 · answer #9 · answered by trisomy11q 3 · 0⤊ 0⤋
try getting it sealed by the court.
2006-07-27 16:09:48 · answer #10 · answered by Anonymous · 0⤊ 0⤋