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Criminal Attorney – Who Should You Hire?

Handcuffs and fingerprint sheet

If you are charged with a crime your freedom is at stake. You should hire an excellent criminal defense lawyer. However, who do you hire? The first thing you should look into before you hire a criminal defense lawyer is how long they have been practicing law? You should then ask the attorney about their familiarity with the courts in the county where your case is pending. How often do they appear in that court? How many cases have they handled? Delve into their level of experience. For your hard earned money you want the best attorney for your money!

Communication With Your Attorney

Once you hire your attorney, discuss with him or her how you would like to be communicated with. Do you want to talk on the phone? Should you be communicating through e-mail or text messaging? When is the best time to call your attorney? It should be noted that most busy criminal lawyers are in court representing their clients during the mornings. It is usually better to call criminal defense lawyers in the afternoon when they are back in their office.

The Attorney’s Office

When you enter your attorney’s office look around and see if he or she has staff. How many people are in the office? Are their phones monitored on a 24 hours basis 7 days a week? If your attorney is busy, are there other attorneys in the office who can help you?

Our Office

Our office has 5 full time attorneys who represent clients with regard to criminal cases throughout the Metropolitan New York area. We have a staff of 7 people backing our attorneys up. Our phones are monitored 24/7. Should you need a criminal attorney at any day on any time, you can call us. Our phone numbers are 516-561-6645, 718-350-2802 and 631-319-8262. Our phones are monitored 7 days a week/365 days a year!

VIDEO: Criminal Acts That Can Prevent You From Becoming A US Citizen

Elliot Schlissel discusses crimes that could possibly prevent you from becoming a US citizen.

Expunge / Seal Your Criminal Record in New York

Handcuffs and fingerprint sheet

When you are convicted of a crime there are a variety of collateral consequences. To start with, you may face prison time, restitution, criminal fines and probation. In addition, the collateral consequences can have a long term negative impact on your life. Many employers will not hire individuals who are convicted of crimes. You also can lose your right to vote, the ability to become an American citizen and a variety of other benefits. This applies to both misdemeanor and felony convictions.

Expungement or Sealing?

Some states allow criminal records to be expunged. This means the record is completely eliminated. The crime and the conviction are erased permanently. New York allows you to seal some criminal convictions. This is pursuant to a law that went into effect fairly recently.

The New York sealing criminal record law seals a wide variety of criminal convictions. The individual can have two (2) criminal convictions sealed. One of these criminal convictions can be a felony. In the event you are convicted of several crimes related to one criminal act, these several crimes may be treated as one single conviction for purposes of having your criminal record sealed.

Most criminal convictions, except the following items, are sealable:

  • Most sex offenses
  • Violent crimes
  • Class A felonies

How To Seal Your Criminal Record

To seal your criminal records you must meet the following criteria:

  • The conviction must be ten (10) years old or longer
  • You can have no other convictions during that ten (10) year period
  • You cannot have been convicted of two (2) or more felonies

The Sealing of Criminal Convictions Process

To have your criminal record sealed you must prepare an application to the sentencing judge. The application should include a certificate of disposition for the conviction. There also must be an affidavit stating the reasons the criminal convictions should be sealed. The application with supporting documentation must first be submitted to the District Attorney’s office in the county where the conviction took place. The District Attorney’s office has forty-five (45) days to challenge your request to seal your criminal record. Thereafter the application is submitted to the judge that sentenced you or if that judge is no longer sitting on the bench, to another judge appointed by the court to hear sealing cases. The judge the case is submitted to will either grant your application or order a hearing to determine whether your application should be granted. Thereafter the judge will enter a ruling on your request to have your record sealed.

There are a number of factors the court will consider with regard to the sealing of your criminal conviction. These factors include how long it has been since you were convicted, the circumstances involved, the seriousness of the offense you were convicted of, your character since your being convicted, whether you have been rehabilitated and whether you are a successful productive individual and the impact the sealing of your record may have on public safety.

Once Your Record Is Sealed

Elliot Schlissel

When your record is sealed all material related to this case that was sealed or your conviction will be unavailable to the public.

Contact Us!

You want your record sealed? Contact us now. The law office of Schlissel DeCorpo are now sealing criminal records of individuals who had been convicted more than ten (10) years ago. You can call us for a free consultation regarding having your criminal record sealed and no longer having to be worried about people finding out about your past convictions. Our office can be reached at 516-561-6645, 718-350-2802 or 631-319-8262.

Eliminate DWI Convictions

Handcuffs laying on top of fingerprint chart in file

The state legislature in New York has passed and New York Governor Andrew Como has signed a new criminal record sealing law. This new law will allow the sealing of all DWI convictions. The requirements to seal your record and eliminate the public from knowing about your DWI convictions will require that these convictions took place more than ten (10) years ago or it has been ten (10) years since you have been released from jail or prison related to a DWI conviction.

The Procedure for Sealing of OWIs

To seal your DWI convictions you must bring a proceeding in the court where you were convicted. If the judge who sentenced you is no longer sitting on the bench, a new judge will be appointed to hear your case. The judge will review your application and the paperwork submitted by your lawyer. The District Attorney’s Office in the county where you were convicted after receiving copies of your criminal conviction application will have up to forty-five (45) days to oppose the application. If they oppose the application, a hearing will be held to determine your eligibility to have your record sealed. If they don’t oppose the application it will be submitted unopposed to the court.

Crimes to be Sealed

You can seal up to two (2) OWIs. Only one of the OWIs though can be a felony. If you have been convicted of more than two (2) felonies you will be ineligible for this new liberal criminal record sealing program. This new criminal record sealing law gives you a unique opportunity for a fresh start. Driver’s licenses that had formerly been taken away from you can be restored. Examples of records which can be sealed are convictions for DWI, driving under the influence of drugs or other DWI related offenses. You may be able to have that criminal record sealed now!

Opportunity to Start Your Life Criminal Record Free

The opportunity to eliminate criminal records in New York has never existed until October 1, 2017. This is the chance of a lifetime. Call us now to seek a free Elliot Schlisselconsultation.

Our office can have your criminal record sealed throughout the State of New York. We have convenient offices in Nassau, Suffolk and Queens County. Call us at any one of our phone numbers to discuss for a free consultation on sealing your criminal record. Our office numbers are as follows:

We can also be reached by e-mail at: elliot@sdnylaw.com.

Seal Your Criminal Record

Handcuffs laying on top of fingerprint chart in file

Starting on October 1, 2017 New York will have a new criminal record sealing law. This new law is New York Criminal Procedure Law Section 160.59. Virtually anyone convicted in New York for up to two (2) misdemeanors and one (1) felony can move to have their criminal records wiped out. Sealing a criminal record and expungement of a criminal record are two different means to obtain the same or similar outcome with regard to an individual’s criminal record. Expungement means eliminating the existence of the negative criminal conviction information. Sealing refers to hiding the criminal record and making it not available to be found.

Remove Negative Impact of a Criminal Record

Sealing a criminal record can change an individual’s life. Misdemeanor and felony convictions have numerous negative impacts on individual’s lives. They can prevent you from obtaining certain types of employment. They can prevent you from being bonded They can impact negatively on your credit history.

Our law office has extensive experience in representing individuals charged with crimes. Many years ago an individual who I represented on a criminal case came to my office and spoke to me about the impact of his criminal conviction on his life. What he told me was the only job he could find due to his criminal record was working in a car wash. The elimination of this individual’s ability to obtain a quality job or reasonable employment had virtually destroyed this man’s life.

The Sealing of the Criminal Record Process

The process starts by hiring an attorney to bring a proceeding in the court where you were convicted of a crime. The case must be sent back to the original convicting judge. If that judge is no longer available or is no longer sitting on the bench, a new judge will be appointed to hear your case. The application will show the basis of sealing your criminal record under New York Criminal Procedure Law Section 159.60. It will show that you have been a good citizen, rehabilitated, you have moved forward with your life and obtained employment and sealing of your criminal record will further enhance your ability to be re-established in society. The application will also show that the general public would not in any way be endangered by the sealing of your criminal record. This application is then served on the District Attorney’s Office where you were convicted. They will have up to forty-five (45) days to challenge the sealing of your criminal record. If they do not submit written opposition to the sealing of your criminal record, it will be submitted to a judge for decision Should the District Attorney’s Office have any objections to the sealing of your criminal record, you will be entitled to a hearing to present evidence to the court as to why your criminal record should be sealed.

It should be pointed out the purpose of this new statute is to give you a fresh start and prevent your prior criminal record from destroying your life. The purpose of the new law is to enhance your ability to be a vibrant contributing member in society.

The Opportunity for a Fresh Start in Your Life is Now!

You can hide, seal and keep from the rest of the world from accessing information about your criminal convictions by moving forward to seal your criminal record now. This could give you a new Attorney Elliot Schlissellease on life and new career.

Contact the criminal record sealing lawyers at the Law Offices of Schlissel DeCorpo, LLP. Contact us for a free consultation at any of the following phone numbers for a free consultation about sealing your criminal record and helping you move forward to maximize your opportunities in life: We have offices in Queens, Nassau & Suffolk Counties. Our phone numbers are: 516-561-6645, 631-319-8262 and 718-350-2802.

We can also be reached by e-mail at: elliot@sdnylaw.com.

Free Yourself From Your Criminal Record

Handcuffs and fingerprint sheet

New York has a new sealing of criminal records law. This new law is New York Criminal Procedure Law Section 160.59. Ten (10) years after your conviction or release from jail, a court will now have the discretion to seal, under certain circumstances, your criminal records. This can give you new opportunities, put your past behind you and eliminate the negative impact criminal records can have on employment, credit worthiness and other situations.

Courts can seal up to two (2) convictions from your record. One of these convictions can be a felony. Class A felonies and sex offenses and violent felonies are excluded from being sealed. Some states have expungement laws. In New York the law deals with sealing of a criminal record. Expunge means destruction of the criminal record. Sealing is similar but it refers to closing of your criminal record.

Should You Have Your Criminal Record Sealed?

The answer to this is definitely YES!!! There are significant benefits from sealing past negative criminal information. Simultaneously with the passage of New York Criminal Procedure Law Section 160.59 regarding sealing of criminal records, New York has also amended the New York Human Rights Law. The sealing of your criminal record will bar employers from even asking you the question about a criminal conviction that has been sealed. The intent of this new criminal record sealing law is to give you a fresh start and not have your past prevent you from moving forward with employment, social situations and improving your life. If a criminal record has created problems for you in the past,
NOW IS THE TIME TO ELIMINATE THAT CRIMINAL RECORD.

Elliot Schlissel

Our law office is ready to help you eliminate your past criminal record. Call us at any one of our three (3) offices in either Nassau, Suffolk or Queens County on the following numbers for a free consultation regarding sealing your criminal records:

We can also be reached by e-mail at: elliot@schlissellawfirm.com

Seasons Greetings and Happy New Year!

Seasons Greetings and Happy New Year!

New York Criminal Record Sealing Law

Handcuffs laying on top of fingerprint chart in file

Starting October 1, 2017 criminal records can be sealed in the State of New York. This is the first time New York residents have had the option of sealing criminal records. All criminal records except violent crimes, Class A felonies and sex offenses with certain minor restrictions can be sealed. There is a ten year waiting period from release from prison or conviction of the last crime before you can bring the legal proceeding to seal your criminal record.

Expungement vs. Sealing

Expungement refers to the destruction of a record. Sealing refers to the closing of a record to those who would seek to have this information. The new law in New York seals the criminal record of those individuals who successfully bring a proceeding for sealing under the new New York Criminal Record Sealing Law. The only individuals who may have access to the sealed records would be members of law enforcement and certain limited licensing authorities.

How to Seal Your Criminal Record

The first thing you must do is to hire a law firm who is knowledgeable about the new Criminal Procedure Law Section 160.59. The law firm then brings an application to the judge that sentenced you and if that judge is no longer available to another judge assigned to hear this proceeding. The law firm presents the fact that more than ten (10) years have expired since your conviction and shows the court that you have been rehabilitated, not convicted of other crimes, and also shows how the sealing of your criminal record will benefit you. They also must show by sealing your criminal record it will not have an adverse effect on society.

Attorney Elliot Schlissel

The District Attorney’s Office is served with a copy of your application for sealing your criminal record and they will have forty-five (45) days to oppose it for good cause. If they do not oppose it, it will be submitted to the judge on the papers submitted by your attorney. If it is opposed by the District Attorney’s Office a hearing will be held wherein your attorney will be able to present evidence showing why your criminal record should be sealed pursuant to New York Criminal Procedure Law Section 160.59.

Don’t Wait!

Contact Us Now to Seal Your Criminal Record. We have convenient offices in Nassau, Suffolk and Queens County.

Call 516-561-6645, 631-319-8262, 718-350-2802 or e-mail us at: elliot@sdnylaw.com.com

Custody for Grandparents

Portrait of grandparents with grandaughter

There are a variety of reasons why grandparents might seek custody of their grandchildren. The parents of the children may be ill or drug addicts. The parents may be good parents who have become incapacitated. Sometimes the parents of children are simply incapable of meeting the demands and requirements of raising young children. The parents may be neglectful, abusive, too drunk or too addicted to drugs to appropriately care for their children.

Obtaining Custody

Grandparents can bring custody cases in the Family Court located in the County where the grandchildren reside. The application from the grandparents must show the custodial parents are unfit or incapable meeting the children’s needs. The grandparents in addition must show it is in the children’s best interests for the grandparents to be given temporary custody of their grandchildren. The court will specifically look at evidence of child abuse, neglect or addiction during the course of the proceedings brought by the grandparents.

Temporary Custody

The initial proceeding is always for temporary custody. The reason why the custody is temporary is the parents’ situation may be subject to change. If they are ill and through Elliot Schlisseltreatment they recuperate, they may thereafter become capable of taking care of their children. If they have a drug or alcohol addiction they may go through therapy and down the road recover to the point where they are no longer addicted and they are able to take care of their children.

Permanent Custody

After the grandparents obtain temporary custody the courts will do a follow-up to see how the children are doing in the grandparents’ custody. Unless the parents give up their rights permanently or a court order is entered permanently removing the parental rights of the parents, the parents can come back to court and make a presentation that they have been rehabilitated and seek to have custody of their children returned to them.

Elliot S. Schlissel and his associates represent grandparents in grandparents’ custody cases throughout the Metropolitan New York area.

Happy Thanksgiving

Happy Thanksgiving

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