Sealing of Criminal Records
New Sealing of Criminal Records Law in New York
Starting October 1, 2017 individuals convicted of misdemeanors and felonies in New York will be able to seal up to two (2) criminal convictions. One of these criminal convictions can be a felony. The only crimes excluded from this new criminal conviction sealing law are violent felonies, Class A felonies and sex crimes. There will be a ten (10) year waiting period from the date of conviction or release from prison before a motion can be made to the court. If you have been convicted of a crime anywhere in the State of New York your criminal record may be eligible to be sealed.
Expungement vs. Sealing: What is the Difference?
The new law in the State of New York is a sealing law which means your records will be closed to being obtained by those individuals or entities that seek to use it against you. Once your record is sealed it will not be able to be used against you or even found out by the general public or businesses with a minor exception involving the police and FBI in limited circumstances. Expungement refers to the destruction and elimination of the existence of a criminal record. New York’s law is a sealing law not an expungement law but works in a very similar manner.
Changing Your Life
The sealing of criminal convictions may completely change your life. Employers will no longer have the ability to deny you job based on your criminal conviction. This gives you an opportunity to eliminate the negativity of your past and face the future without any impediments to employment, credit, obtaining mortgages, obtaining licenses and moving forward without worrying about someone stumbling on the problems you have had in the past.
The time to erase your past is NOW! The following crimes as of October 1, 2017 are eligible to be sealed in the State of New York!
Crimes Eligible for Sealing
Most Non-Violent Felonies and most Misdemeanors, including but not limited to the following can be eliminated:
- Driving While Intoxicated (DWI)
- Aggravated Driving While Intoxicated
- Aggravated Unlicensed Operation of a Motor Vehicle
- Reckless Driving
- Petit Larceny
- Theft of Services
- Assault in the Third Degree
- Attempted Assault in the Third Degree
- Criminal Contempt in the Second Degree
- Harassment in the First Degree
- Reckless Endangerment
- Criminal Possession of a Weapon in the Fourth Degree
- Gravity Knife Cases
- Prostitution
- Criminal Possession of Marijuana in the Fourth Degree
- Criminal Possession of a Controlled Substance in 7th Degree
- Criminal Trespass in the Second and First Degree
- Menacing in the Second and Third Degree
- Stalking in the Third and Fourth Degree
- Possession of Burglar’s Tools
- Making Graffiti
- Unauthorized Use of a Motor Vehicle in the Third Degree
- Auto Stripping in the Third Degree
- Jostling
- Fraudulent Accosting
- Criminal Possession of Stolen Property in the Fifth Degree
- Trademark Counterfeiting in the Third Degree
- Forgery in the Third Degree
- Criminal Possession of a Forged Instrument in the Third Degree
- Criminal Impersonation in the Second Degree
- False Personation
- Identify Theft in the Third Degree
- Obstructing Governmental Administration in the Second Degree
- Criminally Using Drug Paraphernalia in the Second Degree
- Promoting Gambling in the Second Degree
- Possession of Gambling Records
- Patronizing a Prostitute
- Endangering the Welfare of a Child
Call us now to start moving forward to eliminate criminal convictions in your past. Our firm has offices in Nassau, Suffolk and Queens Counties. You can reach us on any of the following three (3) phone numbers:
Or by e-mail at: elliot@sdnylaw.com
