[rlrl2010]

In 1996 I was charged with a class B misdemeanor in NY and pled guilty to a violation which is a non- criminal offense in NY

A year later the case was partially sealed under NY CPL 160.55(termination of criminal action upon conviction of a non criminal offense), "partially" meaning that the court record remained unsealed but the criminal records such as the DCJS fingerprints, police files, expungement order to the FBI and prosecutors papers are sealed

In other words, had I been convicted of a misdemeanor or a felony, none of these would have been sealed under 160.55

When it comes to papers in the DA's office, what does it mean that the records are sealed? Sealed from who? Had they not been sealed, would the papers then have been under the Freedom Of Info act like court conviction records are?

If someone had been convicted of a crime, then I assume the DA papers would be un sealed. Then who would have been able to get them?

[Fr_Chuck]

First don't expect fingerprints to be taken out of the system, they will just no longer match up to a criminal history. As for as sealed, they are visible to DA, police and others in criminal justice, but can not be used against you as a past crime. They will not show up on any government back ground check ( except for those that involve national security checks)

The trouble with "sealed" is that they were open at one time, if any private search firm or private back ground company ever had or got a copy of those records prior to being sealed, they are still out there and could be located if someone hired that company to do the back ground searches.

[rlrl2010]

I understand, 160.55 makes the prints not show up unless you are printed by the police or going to license a gun

And I understand someone could get info from the court since there was a conviction

But what about the DA records? Those are separate from the prints and court records. Is stuff in the DA files about the agencies that spoke to me when I was temporarily detained?

They say info in the DA records is sealed, so then what info could have been reported, and to whom, if the files were not sealed?

[Fr_Chuck]

The DA records are part of the police records and all put into evidence and sealed away after a case is ended. Personal notes and records of individual investigators are not included in that.

But fingerprints just show up as a ID, same as someone who is fingerprnted for being a school teacher or other, a finger print on file does not say why you are printed, just that you are printed.
It will compare your name and prints, if you ever get printed again and try to use another name.

[AK lawyer]

... but what about the DA records? ...

The district attorney's office? Those files would not be acessible by anyone but the district attorney, or someone in his/her staff. And I would bet that they are not available under a FOI request. Or am I missing something?

[rlrl2010]

Exactly what I had been trying to ask. The 160.55 statute says the prosecutors papers are sealed

But then I wonder, are they unsealed for those who have been convicted of a misd or felony?