In the event that you or a family member is charged with a crime, go to trial and are convicted of that crime, one of the things that is 100% guaranteed to happen is that a criminal record will now be created for the convicted. This is one of those things that everybody hears about, and in school, it is often used as an ominous, ambiguous threat to a comfortable, secure career and future.
But what does it actually mean when someone receives a criminal record? What impact does this have on someone’s life? If, for example, someone were told they could avoid time in jail, but would receive a criminal record if they agree not to contest a charge, isn’t that basically a “slap on the wrist” compared to an actual jail sentence?
The Criminal Record In New York State
A criminal record, as the name implies, is a permanent record of your violations against the law, in particular more severe transgressions that have resulted in a court conviction. In the state of New York, a criminal record is permanent. Other states allow for the possibility of a criminal record eventually being deleted and effectively “forgiven and forgotten” as far as the state is concerned, but such is not the case here. A New York state criminal record is permanent, although the record can be “sealed,” meaning that the record can be hidden from the public at large, with only a few very specific groups still having the legal power to view it.
A criminal record can have a long lasting effect on your life and career. When asked on official forms—such as applications of any sort—whether you have a criminal record, you are legally obligated to report anything that is not sealed. And while it is illegal in the state of New York to not hire a qualified applicant for a job on the grounds that they have a criminal record, no employer is required to hire someone with a criminal record when equally qualified individuals without a record are also applying.
In other words, a criminal record is a permanent “check” against your ability to be hired for many jobs. This is one of the reasons why, if you are faced with criminal charges, you should always seek the advice of an attorney and go over your court options. Evading a charge and avoiding an entry on a criminal record is one of the best ways to ensure your future, and an experienced criminal lawyer can provide the legal advice required to maintain that.