All official records and papers relating to your arrests, prosecutions, and convictions on file with the Division of Criminal Justice Services (“DCJS”) or any court will be sealed and will not be available to most people, employers, and agencies. Records of your sealed cases should not show up on most background checks or on most RAP sheets.
Some agencies and employers will have access to your sealed records if they request them from the court. The following agencies and employers may access your sealed records:
- “Qualified agencies” (defined in Exec. Law § 835(9)), including courts and corrections departments, for law enforcement purposes
- Federal and state law enforcement for law enforcement purposes
- State entities responsible for issuing firearm licenses
- Employers when you apply for a peace officer or police officer job
- FBI for background checks related to firearms
- Courts can still access your sealed convictions and may count them for the purpose of sentence enhancement or for establishing the elements of a subsequent crime.