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New York Expungement

There are several consequences to being convicted of a crime. One of these consequences of being convicted of a crime is having a criminal record. The criminal record will include all of the arrests and court appearances that are related to your criminal case. Criminal records are public records that are accessible to anyone including landlords and employers. Having a criminal record can result in your being denied employment, professional state licensing, and admission into school. In October of 2017, a new law that goes into effect allows defendants to have their criminal records sealed. However, having the criminal record sealed is a complicated task.

Effects of Sealing

The terms expungement and sealing are often used interchangeably, but they have a different meaning. Expungement means that the criminal record is erased. Sealing means that the record gets hidden from public view. Some states allow for the expungement of a criminal record. New York does not allow criminal records to be expunged. New York does allow for criminal records to be sealed. However, these records are permanent.

Eligibility for Sealing

Having a criminal record seal does not happen automatically. If you want your record sealed, you must apply by filing a motion with the court. You need to include specific information with the court. You need to include a sworn statement. You need to hire an attorney to help you with your statement. They will tell you what is in the sworn statement as well as what needs to be included in the motion for sealing.

Some minimum requirements must be met for your criminal record to be sealed. First, 10 years must have passed since you were sentenced for the crime you wish to have sealed. The conviction cannot be for a crime that is ineligible to be sealed. And, you cannot already have two sealed convictions. Other factors that the judge will consider includes:

Details of the Offense: The circumstances of the crime that the defendant wants to have sealed.

Time Elapsed: The amount of time since the defendant’s last conviction. The more time that has passed since the conviction, the better the chance of having the record sealed.

The seriousness of the Offense: The seriousness of the crime that the defendant wants sealed can affect the chances of having the record sealed.

The Defendant’s character: If the defendant has taken steps to rehabilitate themselves, like acquiring a steady job, going to school, etc.

Public Safety: The impact that sealing a record could have on the safety of the public.

If the judge sees certain indicators that are present, the judge will automatically deny the application. For example, if the defendant had to register as a sex offender as a result of the crime, the judge will deny the request. Or, if the defendant already has two sealed convictions, the judge will deny the request.

If you were convicted of the crime and want to find out more about getting your criminal record sealed, you should contact Spodek Law Group. We can help you have your criminal record sealed. Please contact us at 888-409-0215 to schedule a confrontation with one of our attorneys. We have offices located in New York and Long Island.

by Leonard on Spodek Law Group
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