Re: CPI 160.55 - computerized court record databases

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Posted by rl on April 25, 2003 at 20:56:16:

In Reply to: CPI 160.55 - computerized court record databases posted by Sharon on April 12, 2003 at 16:01:40:

: Hi,

: I was convicted of a VIOLATION 240.26 - in Manhattan Criminal Court in 1995 and I have just lost another job because these COURT records are on some type of database that can be accessed by "background reporting co's" My case was sealed under 160.55 IS THERE ANYTHING I CAN DO???

: Thanks for any info,

: Regards,

: Sharon
**Hi Sharon. You most likely pled guilty to a violation after being charged with a crime?

The database is known as the Office Of Court Administration(OCA) which is the computer search for court records in 13 counties surrounding NY City.

Since you were convicted of the violation your guilty plea to the violation is in the database when someone does a background search on you. Let me ask you, did you see exactly what info is there? Was it only the charge you pled guilty to or was it also the charges you were arrested on?

The same thing happened to me 7 years ago, I pled guilty to a violation but my employer never knew about it as far as I know. I have been very lucky so far.

Did you lose a job after having a job or did you just not get a job when you were looking for one?

The problem with 160.55 is that it only seals your fingerprints and pictures and DA records but not the court record, Since you were convicted of the violation, the disposition and sentence are public record.

You should know that if you are fingerprinted via NY state DCJS your record should not show up because you were not convicted of a crime but since you were still convicted of something your conviction shows on the court record check.

There is not much you can do other than try to get it expunged but it may involve restoring the case to the docket and being tried on the original charges all over again. And you can end up doing time if you are found guilty. And it can be expensive. Keep in mind that a violation is only a violation and not a crime.

Hope this helps

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: : Hi,

: : I was convicted of a VIOLATION 240.26 - in Manhattan Criminal Court in 1995 and I have just lost another job because these COURT records are on some type of database that can be accessed by "background reporting co's" My case was sealed under 160.55 IS THERE ANYTHING I CAN DO???

: : Thanks for any info,

: : Regards,

: : Sharon
: **Hi Sharon. You most likely pled guilty to a violation after being charged with a crime?

: The database is known as the Office Of Court Administration(OCA) which is the computer search for court records in 13 counties surrounding NY City.

: Since you were convicted of the violation your guilty plea to the violation is in the database when someone does a background search on you. Let me ask you, did you see exactly what info is there? Was it only the charge you pled guilty to or was it also the charges you were arrested on?

: The same thing happened to me 7 years ago, I pled guilty to a violation but my employer never knew about it as far as I know. I have been very lucky so far.

: Did you lose a job after having a job or did you just not get a job when you were looking for one?

: The problem with 160.55 is that it only seals your fingerprints and pictures and DA records but not the court record, Since you were convicted of the violation, the disposition and sentence are public record.

: You should know that if you are fingerprinted via NY state DCJS your record should not show up because you were not convicted of a crime but since you were still convicted of something your conviction shows on the court record check.

: There is not much you can do other than try to get it expunged but it may involve restoring the case to the docket and being tried on the original charges all over again. And you can end up doing time if you are found guilty. And it can be expensive. Keep in mind that a violation is only a violation and not a crime.

: Hope this helps

: rl

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