Neider brought a proceeding to seal his 2006 misdemeanor conviction for criminal possession of a weapon. In his application he stated he was not convicted of any further offenses. He became eligible under the sealing statute New York Criminal Procedure Law Section 160.59 to have his record sealed. Neider claimed he was a law-abiding citizen. He had lived a productive life. He had a significant career. He was a family man. He served on various municipal boards. He received various licenses. He had obtained a master’s degree from a university.
Conviction Could Impact On Employment
Judge Gia Morris sitting in the Criminal Court of Queens County found while Neider conceded the conviction did not stop him from getting licenses or completing a graduate degree. Neider had indicated he was concerned this conviction could have a negative impact on his future employment possibilities.
The Queens District Attorney’s Office did not oppose the application. They found Neider was eligible and therefore no hearing was necessary.
The Court’s Decison
Judge Gia Morris rendered a decision Neider had met all of the appropriate criteria under the New York sealing statute. She rendered a finding he was an example of the type of individual Criminal Procedure Law Section 160.59 was designed to help. She ruled his 2006 conviction “stands as an apparition to an otherwise exemplary lawabiding life”. She rendered a decision that Neider’s motion to seal his 2006 conviction was granted.
New York has a new law that allows certain criminal convictions which are more than ten years old to be sealed. The removal of a criminal conviction can have significant impact on an individual’s employment prospects.