Vestal, NY asked in Criminal Law, Employment Law and Real Estate Law for New York

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?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

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.

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