Anaya Nolan
Sealed records are generally not accessible to the public, but there are certain instances where law enforcement agencies and courts may be able to access them. The availability of sealed records to law enforcement varies by state and the nature of the records. Some states, such as Connecticut, Indiana, and Mississippi, have laws that restrict law enforcement access to sealed records, especially in cases of non-conviction or dismissal. However, in states like Ohio, New York, and Nebraska, sealed records may be accessible to law enforcement agencies for specific purposes, such as licensing and employment. Additionally, federal background checks conducted for certain government, healthcare, and law enforcement jobs may reveal sealed records. It is important to note that the sealing of records does not guarantee complete confidentiality, and there may be instances where authorized entities can access this information for law enforcement or investigative purposes.
Can Law Enforcement See Sealed Records?
| Characteristics | Values |
|---|---|
| Connecticut | Sealed records cannot be accessed by law enforcement |
| Indiana | Sealed records cannot be accessed by law enforcement |
| Michigan | Sealed records can be accessed by law enforcement for specific purposes, including licensing and employment |
| Mississippi | Sealed records can be accessed by the Mississippi Criminal Information Center |
| Nebraska | Sealed records can be accessed by criminal justice agencies |
| New Hampshire | Sealed records can be accessed by law enforcement |
| New Mexico | Sealed records can be accessed by law enforcement |
| New York | Sealed records can be accessed by law enforcement |
| Ohio | Sealed records can be accessed by law enforcement agencies |
| Oklahoma | Sealed records can be accessed by law enforcement agencies |
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What You'll Learn
Sealed records and law enforcement access in New York
In New York, certain criminal convictions can be sealed, meaning they are hidden from the public and will not show up on a criminal records search. However, this does not mean that law enforcement loses access to these records.
New York's "clean slate" legislation, signed into law by Governor Kathy Hochul, allows for the automatic sealing of most criminal records after a certain period of time. For misdemeanours, records will be sealed three years after serving time or parole, while for felonies, the waiting period is eight years.
Despite this, law enforcement agencies, courts, prosecutors, and defence attorneys can still access sealed convictions under certain conditions. Additionally, gun licensing agencies and employers working with vulnerable populations, such as children or older people, are also granted access to these sealed records.
To be eligible for sealing a record under CPL section 160.59, individuals must have no more than two criminal convictions and no more than one felony conviction. At least 10 years must have passed since the last conviction or incarceration, and there can be no pending criminal cases.
In certain cases, New York judges may also conditionally seal records relating to drug-related crimes if the individual has successfully completed a substance abuse treatment program and any other sentences imposed by the court, with no pending charges.
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Sealed records and law enforcement access in Ohio
In Ohio, a criminal record becomes public after conviction, which can lead to complications in employment, admission, scholarship, or housing opportunities. Sealing a criminal record can help prevent these issues. While sealing a record does not erase or delete it, it conceals it from the public, and the sealed offence will be treated as if it never occurred.
In Ohio, the Clean Slate Law, or Senate Bill 288, came into effect on April 2023, allowing more people to seal their criminal records. This includes conviction records, not-guilty findings, bail forfeitures, and dismissed charges. Up to two felonies of the third degree, various felonies of the fourth and fifth degrees, and minor misdemeanours can be sealed. Additionally, tier 1 registered sex offenders can apply for expungement five years after being released from their registration requirement, provided the victim was over 13 years old.
Even with a sealed record, there are certain circumstances in which law enforcement may be able to access these records. For instance, if an individual is a suspect in a new criminal investigation, law enforcement agencies, prosecutors, judges, and the police may be able to access sealed records as part of their investigation. Similarly, if applying for certain jobs, such as those in law enforcement or childcare, employers may be able to access sealed records. Other jobs that may require access to sealed records include those in healthcare, financial institutions, or real estate.
Furthermore, while most state licensing boards cannot access sealed records, certain professional licences may require disclosure. These include the State Accountancy Board, State Medical Board, State Dental Board, State Board of Nursing, State Board of Psychology, and others. It is advisable to inquire with the relevant licensing board about the requirements for disclosure.
The Ohio Revised Code Section 2953.31 grants 'eligible offenders' the right to request the sealing of their criminal records. Typically, eligible offenders are limited to ex-convicts with less than five felonies. Examples of records that can be sealed include arrest reports, old juvenile convictions, DUI convictions, street racing, and other traffic violations.
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Sealed records and law enforcement access in Indiana
In Indiana, expunged records are not destroyed or erased. When a court grants a request to expunge a criminal case file, the criminal record is sealed. However, sealed records do not show up on background checks in Indiana as the state's expungement statutes prohibit the disclosure of sealed records on criminal background checks.
While the sealed records will not appear on background checks, law enforcement agencies and the court may still have access to such files. The federal government, law enforcement agencies, immigration officers, and the FBI can view sealed records. Indiana law does not allow information about non-conviction records that have been expunged and sealed to be placed or retained in any state central repository for criminal history information or in any other criminal history information system maintained by a local, regional, or statewide law enforcement agency.
Indiana's revised expungement law states that expunged records can only be accessed by court order or by a law enforcement officer. When the court approves an expungement, no part of the arrest, criminal charges, or court proceedings are retrievable by the general public.
In Indiana, juvenile records that resulted in a 'true bill' are destroyed from the repository. Additionally, minors involved in human trafficking as victims can push a motion to erase the record, and hearings usually follow such requests.
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Sealed records and law enforcement access in Connecticut
Sealed records and law enforcement access are governed by specific laws and regulations in Connecticut. While the state does not have record sealing laws, it has a unique expungement process, also known as an "absolute pardon," which allows for the erasure of criminal records.
In Connecticut, criminal records may be eligible for erasure or expungement under certain circumstances. This includes cases where the criminal case is dismissed, the defendant is acquitted, a pardon is granted, or the criminal offense is subsequently decriminalized. The state offers automatic expungement for certain situations, such as when an individual is found not guilty or when the case is put on hold for at least 13 months without prosecution.
Once an absolute pardon is granted, all police and court records pertaining to the case are erased, and the state is prohibited from disclosing the information to anyone, including law enforcement agencies. However, there are specific exceptions to this. For instance, disclosure of expunged records is permitted if the individual applies for a law enforcement job or if a law enforcement agent requests it in the line of duty. Additionally, juvenile records and records of victims of sex offenses are exempt from public view under the Connecticut Freedom of Information Act but can be accessed by law enforcement agencies upon request.
The process of applying for an expungement or absolute pardon in Connecticut involves several steps. Individuals must complete the "Application for a Connecticut Absolute Pardon," providing personal and background information, including criminal history, educational background, and employment history. The Connecticut Board of Pardons and Paroles conducts a thorough background check and may contact references provided by the applicant. The Board reviews the application to determine if it qualifies for an expedited review without a hearing or if a standard pre-screen review is required.
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Sealed records and employment applications
Sealed records may be accessed by law enforcement agencies and employers in some states. In Ohio, sealed records may be accessed by law enforcement agencies and state agencies in connection with applications for certain state employment. In Oklahoma, expungement is available to those charged with a felony or misdemeanor if certain conditions are met. In Connecticut, all police and court records pertaining to a charge must be erased if the accused is found not guilty or the charge is dismissed. The law does not provide for law enforcement access to these erased records. Indiana does not allow information about non-conviction records that have been expunged and sealed to be placed or retained in any law enforcement agency's criminal history information system.
Michigan law states that records sealed under MCR 8.119(I) may be made available to courts and law enforcement agencies for specific purposes, including licensing and employment, but not for routine investigative or enforcement functions. Arrest records are expunged or destroyed if the arrest and release occur without charges, the defendant is found not guilty, or the charges are dismissed before trial. It does not appear that such records are subsequently accessible by law enforcement. Mississippi law states that a nonpublic record of an expunction order shall be retained by the Mississippi Criminal Information Center to determine whether the person is a first offender in subsequent proceedings.
Nebraska law provides that upon acquittal or entry of an order dismissing a case, the court shall send notice to state records repositories, law enforcement agencies, and city and county attorneys, that any information pertaining to the case should be sealed and not disseminated to persons other than criminal justice agencies. New Hampshire law states that annulled records are only available to the person receiving the annulment and to law enforcement. New Mexico law provides that upon granting an expungement order, the court shall deliver a copy of the order to all relevant law enforcement agencies and courts, prohibiting them from releasing copies of the records to any person except upon a court order.
When it comes to employment applications, some agencies and employers will have access to sealed records if they request them from the court. "Qualified agencies" for law enforcement purposes, federal and state law enforcement, and state entities responsible for issuing firearm licenses may access sealed records. Employers may also access sealed records when hiring for peace officer or police officer jobs. Courts can still access sealed convictions and may consider them for sentence enhancement or establishing the elements of a subsequent crime. If convictions are not properly sealed, they may show up in court databases and background checks.
If you are applying for a position or license that is an exception to Executive Law § 296(16), you must disclose your sealed convictions when asked about prior arrests or convictions. If you do not disclose sealed convictions when asked about your criminal record, the employer may find out about them and threaten to deny you employment based on "dishonesty." In this case, you should explain that it is illegal for them to ask about sealed convictions and that you provided all legally obligated information.
Some conflicting advice suggests that if you are applying for a job that requires security clearance, you should disclose sealed records and explain the situation. However, if the job is temporary and does not require security clearance, you can choose not to disclose. It is recommended to consult with a criminal defense attorney to better understand your rights and obligations regarding sealed records and employment applications.
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Frequently asked questions
It depends on the state. In some states, sealed records are available to law enforcement agencies for specific purposes, including licensing and employment. However, in other states, sealed records are only available to "qualified agencies" within the criminal justice system, such as courts and corrections departments.
Sealed records are criminal records that have been sealed by a court order and are not accessible to the public. Sealing a record typically involves destroying or erasing the record so that it cannot be accessed or disseminated to the public.
The process for sealing a criminal record varies by state and the type of charge. In some states, certain charges, such as drug-related misdemeanors or felonies, may be eligible for sealing if the individual completes a substance abuse treatment program and meets other requirements. It is recommended to consult with a lawyer or legal aid organization to understand the specific process and requirements for sealing a criminal record in your state.
