New York’s New Sealing Law
Restoration of Rights, Pardons, Expungement and Sealing
A new bill has been passed that could allow anyone who has been convicted of a crime, to have his or her records sealed. The new bill allows for records that were previously unable to be sealed to be considered for the process. There are certain eligibility requirements and legal processes that must be followed to ensure all records are sealed. An experienced attorney can help you with your case. Call Gerard V. Amedio today for help.
New Yorkers with a criminal conviction may be relieved to learn about the recently signed beleaguered 2017-18 budget bill. The bill allows for the sealing of misdemeanors and any adult crime convictions other than those felonies that are considered the most serious. In the past, only for non-conviction records and diversion and drug treatment dispositions could be sealed. So what does that mean for you? If you have been convicted of a crime and would like to have your record sealed, now is the time to make it happen.
Who Is Eligible?
You will need to determine if you are eligible for record sealing. An attorney can help you with the process. Individuals may seek sealing for up to two eligible convictions, only one of which may be a felony. Multiple eligible convictions “committed as part of the same criminal transaction” are considered a single conviction. Ineligible offenses include most sex offenses, all “violent felonies,” and all Class A felonies. If you have been convicted of more than two crimes and more than one felon. An attorney can help you determine your eligibility.
How Does It Work
To find out if you can get your records sealed, you will need to petition the court where your conviction that you hope to have sealed, occurred. An attorney can help you with your application. the application must contain a sworn statement of reasons why sealing should be granted. The application is assigned to the sentencing judge if sealing is sought for a single conviction, and to the county/supreme court otherwise. The District Attorney must be served, and has 45 days to object to the application. If there is no objection, the court may decide the application without a hearing.
How Are Decisions Based?
N.Y. Crim. Proc. sec. 160.59(7):
In considering any such application, the sentencing judge or county or supreme court shall consider any relevant factors, including but not limited to:
(a) the amount of time that has elapsed since the defendant’s last conviction;
(b) the circumstances and seriousness of the offense for which the defendant is seeking relief, including whether the arrest charge was not an eligible offense;
© the circumstances and seriousness of any other offenses for which the defendant stands convicted;
(d) the character of the defendant, including any measures that the defendant has taken toward rehabilitation, such as participating in treatment programs, work, or schooling, and participating in community service or other volunteer programs;
(e) any statements made by the victim of the offense for which the defendant is seeking relief;
(f) the impact of sealing the defendant’s record upon his or her rehabilitation and upon his or her successful and productive reentry and reintegration into society; and
(g) the impact of sealing the defendant’s record on public safety and upon the public’s confidence in and respect for the law.
If your records are able to be sealed, they will not be able to be seen by any person or public or private agency. Certain qualified agencies will still be able to view sealed records including courts, corrections agencies, and the office of professional medical conduct; to federal and state law enforcement for law enforcement purposes; to state entities responsible for issuing firearm licenses; to employers for screening applicants for police officer/peace officer employment; and to the FBI for firearm background checks. An experienced attorney can help you get your records sealed under this new bill. Call Attorney Gerard V Amedio for help today.