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
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.
