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New York Affidavit designating Agent to access sealed records (CPL 160.50)

State:
New York
Control #:
NY-SF-34
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Description Sealed Cpl

Affidavit designating Agent to access sealed records (CPL 160.50)

A New York Affidavit Designating Agent to Access Sealed Records (CPL 160.50) is a legal form used by individuals in New York to appoint another person to access sealed records. It is typically used by individuals who have been arrested and their records have been sealed by the court, or when another individual needs access to sealed records on behalf of the original arrested person. The affidavit must be filled out and signed by the party granting access and the designated agent. There are three types of New York Affidavit Designating Agent to Access Sealed Records (CPL 160.50): 1. Appointment of Agent for Access to Sealed Records: This form is used to allow an agent to access sealed records on behalf of the original arrested person. The form must be signed by the arrested person, and the designated agent must be 18 years of age or older and have a valid New York State ID. 2. Appointment of Agent for Access to Sealed Records for an Out-of-State Resident: This form is used when the arrested person is not a resident of New York, but the designated agent must reside in New York. This form must be signed by the arrested person and the designated agent. 3. Appointment of Agent for Access to Sealed Records for a Minor: This form is used when the arrested person is a minor, and the designated agent must be a parent or legal guardian of the minor. The form must be signed by the arrested person, the parent or legal guardian of the minor, and the designated agent.

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FAQ

You must apply to the court to have your records sealed. If the court approves your application, your criminal convictions can only be seen by qualified agencies and federal, state, and local law enforcement. If you are not a United States citizen, Immigration can still see your sealed convictions.

These records are not considered public records. They cannot be provided under the state's Freedom of Information Law and DCJS does not release criminal history records to third parties or businesses that sell ?background checks.?

Even records that have been expunged or sealed can show up as an arrest only?with no additional information. An FBI search works differently. The FBI does not dig deeper or search other databases to help supplement incomplete information. They rely solely on the state.

Sealing means that while the conviction is hidden from the public, it remains accessible by certain governmental agencies such as law enforcement, the courts, the military if you enlist, and the agency that issues firearms licenses. With expungement a conviction is completely erased.

Section 160.50 of the Criminal Procedure Law allows for complete sealing of criminal records (within the court, police department and the district attorney=s office) upon a successful written motion to dismiss the accusatory instrument for facial insufficiency.

The qualifying records not destroyed or returned to you under CPL 160.50 are sealed meaning that the record still exists and is not physically destroyed, but it is hidden from public inspection.

Who Can See Sealed Records? You, the defendant (with i.d.) Someone you authorize to ask for your records (with i.d.) Your employer if you apply for a job where you carry a gun. Your parole officer, if you are arrested while on parole or probation. The prosecutor if you move for an ACD on a marijuana charge.

More info

I understand that until now the aforesaid records have been sealed pursuant to CPL. §160. Affidavit of Accused Person, Designating an Agent to Access Sealed Records pursuant to CPL 160.50.1(d).Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 160. CPL 160. 55(1)(d)(v) permits access to sealed records where the defendant was convicted of a. Fill Out The Affidavit Of Accused Person, Designating An Agent To Access Sealed Records Pursuant To Cpl 160.50. "Favorable Dispositions" should be sealed under CPL § 160. This sealing is not as comprehensive as under 160. Arrests that were "terminated in your favor" are sealed automatically under. §160. 50 of the New York Criminal Procedure Law (CPL).

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New York Affidavit designating Agent to access sealed records (CPL 160.50)