Q: I have a sealed expunged felony conviction in ohio, but want to obtain my NYS RE License. Do I have to disclose?
I have a class e felony conviction in the state of Ohio from 15 years ago. The judge ordered a restoration of all rights, and sealed/expunged my record after serving probation. I want to obtain my NYS Real Estate license, and it is an automatic disqualification if convicted of a felony, but do I have to disclose it since it was sealed, expunged and rights restored in a different state? I've been able to obtain hunting licenses in NY, and allowed to purchase long arms for hunting etc... via the background check system through the FBI etc...
Do I have to disclose the conviction on the RE License Application?
A:
When applying for a New York State Real Estate License, you are required to disclose all prior convictions, even if they have been sealed or expunged.
New York State does not recognize the expungement or sealing of convictions from other states in the same way. It's important to answer all questions truthfully, as failure to do so can be grounds for denial or future disciplinary action. It's advisable to include all pertinent information about the expungement and the restoration of rights with your application.
Moreover, the New York Department of State may consider the fact that your record has been sealed when reviewing your application. It would be beneficial for you to consult with a lawyer who is knowledgeable about licensing issues to assist you in accurately presenting your situation in the application process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
