Legal Question in Criminal Law in New York

Re: Sealed Cases

The statutes that address "Sealing" are directed against public agencies and officials. They do not prohibit an individual defendant from releasing her own records, and cases specifically hold that a person can waive any protection afforded under the sealing statutes under certain circumstances. Your mother's threatened actions would seem to undermine the purpose behind the statutes, but may not violate the statute.

Because your situation arose when you were a minor it may also be complicated depending on how the case was "sealed," if it was sealed at all. In a juvenile/youthful offender setting some cases are kept "confidential" as opposed to "sealed," and there is a difference.

In addition, the reason your mother is threatening to release certain records may also become important. You should also look into civil remedies such as an injunction/restraining order.

Without knowing all of the facts involved it becomes a complicated question to answer with any accuracy. Therefore, it's important that you contact your local Bar Association for help.

The foregoing is for general information purposes only, not to provide legal advice. Reading this does not create a lawyer/client relationship between the reader and this firm.