For the Defense - Volume 1, Issue 3 - 2016 - 65

ual has received a pardon when consideration applications for licenses, certificates, registration and permits.29 However, these state agencies will have access to sealed convictions, and may consider the sealed convictions when considering an application for a license, certificate, registration and permits to the extent that the agencies are permitted to consider convictions generally.30 Notwithstanding the good intentions behind this new law, there are several other practical issues and questions that attorneys will need to contemplate before counseling their clients about the sealing law. For example, the new law states that "no individual shall be required nor requested to disclose information about the person's criminal history records that are the subject of a court order for limited access granted under this section."31 However, if a sealing order is granted for a client, can he or she deny ever having been convicted of a crime on a job application? What if the employer is a state agency? The Superior Court of Pennsylvania has stated that an expunged record differs from a sealed record because an expungement physically destroys records, while a sealed record continues to exist even though it is inaccessible. Commonwealth v. Jagodzinski, 739 A.2d 173, 177, n.3 (Pa. Super.Ct. 1999).32 Therefore, it is plausible that a sealed conviction is not rendered legally void, and while an employer or other party is not permitted to request sealed official criminal records, an applicant would not be able to state on an application that he or she does not have a conviction without making a false statement. Other practical questions about the new sealing law equally apply to expunged or redacted criminal charges. For example, even if a client is able to truthfully state that he or she does not have a conviction based on a sealing order or an expungement order, an employer may still be able to find evidence of the conviction on the Internet by conducting a simple Google search. The new law states that once a sealing order is issued, "[n] otice of an order for limited access shall promptly be submitted to the central repository which shall Greenblatt, Pierce, Engle, Funt & Flores is proud to be a Gold Sponsor of PACDL's 2016 White Collar Seminar. Philadelphia Office: 123 S. Broad Street, Suite 2500 Philadelphia, PA 19109 Phone: (215) 735-1600 Fax: (215) 735-1660 Haddonfield, NJ Office: 35 Kings Highway East Haddonfield, NJ 08033 Phone: (856) 429-7750 Fax: (856) 427-0360 Atlantic City, NJ Office: 1616 Pacific Avenue, Suite 316 Atlantic City, NJ 08401 Phone: (609) 246-7944 Fax: (888) 711-3038 GPEFF handles criminal defense matters in the State Courts of Pennsylvania and New Jersey, as well as Federal courts throughout the United States. GPEFF routinely handles white collar criminal defense matters on behalf of individuals, companies, and public officials. We also conduct internal investigations for entities with both criminal and employment law concerns. Our White Collar Criminal Defense and Corporate Investigation Team: Michael J. Engle, Esquire Partner; Chair of White Collar Criminal Defense & Corporate Investigations Patricia V. Pierce, Esquire Partner; Chair of Employment Law Practice Group Peter F. Vaira, Esquire Special Counsel Leonard S. Baker, Esquire Director of the New Jersey Offices Lori Mach, Esquire Senior Associate Michele Morgera, Esquire Senior Associate Ashley E. Shapiro, Esquire Associate Meredith A. Lowry, Esquire Associate Vol. 1, Issue 3 | For The Defense 65 http://www.gpeff.com/

Table of Contents for the Digital Edition of For the Defense - Volume 1, Issue 3 - 2016