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SECTION D · CRIMINAL OVERLAP · D27

Sealing or expunging the criminal record afterward.

Where a criminal matter resolves favourably - dismissal, declination, acquittal, or certain dispositions - the record may be sealable. That changes the answer to most criminal-history questions permanently, and it is a separate application that almost nobody makes.
IT DOES NOT TOUCH THE CAMPUS RECORD
Sealing addresses the criminal file. A Title IX finding, a transcript notation, and the disciplinary disclosure question all survive it and are handled separately.
WHICH RULES GOVERN YOUR CASE The 2020 Title IX regulations. The 2024 rewrite was vacated and does not apply.
RULE TRACKER →
THE BRIEFING · SEALING AND EXPUNGEMENT

Sealing is the last piece of a criminal defense and the one most frequently left undone, because by the time it becomes available everyone involved has moved on.

Why it matters more than it seems.

Most criminal-history questions on employment, licensure, and immigration forms are answered differently once a record is sealed. That is a permanent improvement in the client’s position, obtained by an application rather than by litigation, and it is available in a substantial proportion of favourably resolved matters. It is also time-gated: where sealing follows a waiting period or the completion of conditions, the application has to be made, and nobody sends a reminder.

Ask at the disposition.

The most useful moment to establish sealing eligibility is when the matter resolves - at the plea, the dismissal, or the declination. What will be sealable, on what date, and by what mechanism are questions answerable then, in a single conversation, and recorded in the file. Discovered three years later, the same questions require reconstructing a closed matter.

Two sets of records.

Court records and arrest records are held by different agencies and are frequently addressed by separate procedures. A sealed court file with a live arrest record still surfaces in some checks. Both need attention, and the distinction is easy to miss where the disposition paperwork addresses only one.

What sealing does not reach.

It does not erase the record for all purposes - certain agencies, and certain licensure and clearance inquiries, retain access. And it does nothing whatever to the campus file: a Title IX finding, a transcript notation, and the disciplinary disclosure question survive sealing entirely and are addressed through the institution rather than the court. Clients frequently assume one solves the other, and it does not.

Why you should call us.

If you are scrolling through search results trying to find someone to defend you, your search is over. You have found Spodek Law Group P.C. - and we are not your average defense firm. We know a thing or two about defending the accused in campus cases - and in the criminal courts that run alongside them. Over 50 years of combined experience, some of the toughest cases in the country, and we have come out on top. We have seen it all, and we empathise with you. We understand how frightening this is, and we have a legal team who can fight and win.

Unlike other attorneys who care about their reputation with the administrators and the prosecutors, our only goal is getting you the best outcome. We owe loyalty to only you. Our lawyers listen to you, your fears, and your goals. We care about your story, and that is where the work begins - by understanding and listening to you.

On billing, we are transparent about our fees, and there are no surprises. Choosing a lawyer is a big deal and cost is a real issue, so we are committed to being your champion irrespective of your ability to pay. Our firm has a simple belief: lawyers should only take on clients whom they can truly help. Many firms are mills that take every case through the door. We do not.

Working with us starts with a risk-free consultation, in person or over the phone. You can ask us anything, for as long as it takes, and we encourage you to ask the tough questions. We are available 24/7, we practise coast to coast, and every client has direct access to a partner. Call 212 300 5196 - an attorney answers.

GENERAL INFORMATION, NOT LEGAL ADVICE. YOUR SCHOOL’S POLICY AND YOUR FACTS DECIDE EVERYTHING - AND THE CONSULTATION IS FREE. Skip reading - just call →
WHAT IS AVAILABLE, AND WHEN
Six routes.
Eligibility is jurisdiction-specific and time-gated. The window is frequently missed by inattention.
ROUTE 01
Dismissal or acquittal
Frequently sealable, sometimes automatically, sometimes on application.
BEST CASE
ROUTE 02
Declination
Where charges were never filed, records may still exist. Ask what remains.
OFTEN OVERLOOKED
ROUTE 03
Adjournment in contemplation of dismissal
Sealing typically follows completion. Confirm the mechanism and the date.
CALENDAR IT
ROUTE 04
Youthful offender
Generally sealed by operation of the adjudication itself.
AUTOMATIC
ROUTE 05
Conviction sealing
Available in some jurisdictions after a waiting period, for defined offenses.
LATER
ROUTE 06
Arrest records
Separate from court records, and separately addressed. Both need attention.
TWO FILES
Sealing is not erasure. Sealed records remain accessible to certain agencies and for certain purposes, including some licensure and clearance inquiries. What sealing changes is the ordinary background check and the answer to most, but not all, disclosure questions.
THE STEPS
Four moves.
This is post-resolution work, and it is the last thing a criminal defense should do.
01Confirm eligibility at disposition
Ask, at the plea or dismissal, what will be sealable and when.
02Calendar the application date
Where sealing follows a waiting period, diarise it. Nobody reminds you.
03Address arrest and court records separately
They are held by different agencies.
04Rewrite the disclosure answer
Once sealing is effective, most criminal-history answers change. The campus one does not.
KEEP READING · THE TITLE IX SET
Where this page hands you off.
No page on this site is a dead end. These are the next questions people ask after this one, in the order they usually ask them.
Todd A. Spodek, Managing Partner
FIG. - THE PRINCIPAL
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Todd A. Spodek is a second-generation trial lawyer whose defense of Anna Delvey became Netflix's Inventing Anna. He appears on Fox News and CNN as a legal analyst, authored "My Advice to Diddy" in The Spectator, and is quoted by the Associated Press when the biggest federal cases break. The record behind the profile: a complete acquittal in a $26M money-laundering trial, RICO charges carrying a 10-year minimum dismissed, and 6 months on a $12M Ponzi case.

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Los Angeles · 23+ years
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