Legal Question in Criminal Law in New York
case files--where are they kept after sealing?
i went to court for a DAT, and legal aid represented me. i wonder if i can have a copy of those details files that my legal aid had which was also available to the DA. also i wonder after my case is sealed, do they still have those paper files in their office or they should be destroyed?
1 Answer from Attorneys
Re: case files--where are they kept after sealing?
The files are not destroyed, They are supposed to be sealed with an official sealing. Your lawyer (in this instance Legal Aid) is not required to seal their file but if the information is leaked by them, they could be sued and lose their licenses. It is unlikely they have a sealed file. The Police, and DA must seal their file. It is also unlikely the court file is sealed unless you made a specific motion asking the court to seal it's file.
You can learn more about court file sealing by contacting the NYS Association of Criminal Defense Lawyers in NYC.
Good luck.
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