Saturday, July 16, 2011

Are dismissed cases automatically sealed in New York State?

I was pulled over 6 months ago because my tail light was flickering. The officer ran my plates and license to issue and equipment violation ticket and told me my license was suspended. My car was towed and I was brought to the police station in the village I was pulled over asked for 100 dollars bail and given a court date. I found out the error was that the DMV did not pick up my new insurance policy electronically because the new and old one overlapped by one day and they picked up a cancellation the day after the new policy started which superseded the new policy (bad programming I guess) at any rate I gave this information and proof to the district attorney who dismissed my case. My question is whether or not those records would be sealed for the purposes of an employment background check. I am sure law enforcement could see such a record which is really no concern for me as it was dismissed but I worry that it may be prejudicial when trying to get a job regardless of its dismissal. My research has said that the records are sealed but I want to be sure, other states are different where you may have to request the record be expunged I do not think that is possible in NY but I want to be sure I don't want a clerical error to cost me a job.

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