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.
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
