New York City Criminal Record Sealing
Now is the Time to Give Yourself a Fresh Start by Sealing Your Criminal Record
It is true that there has never been a better time in the state of New York to apply to have your criminal record sealed. A new law effective October 7, 2017 offers an unprecedented opportunity to put past mistakes behind you and live your life without the obstacles a criminal record imposes. Read on to learn more about the new record sealing law in New York, and contact Levy & Rizzo, LLC for personal assistance from local, experienced New York City criminal record sealing lawyers who can help you get your record sealed for the prospect of a brighter future.
- Albany Record Sealing
- Brooklyn Record Sealing
- Buffalo Record Sealing
- Nassau County Record Sealing
- New York County Record Sealing
- Putnam County Record Sealing
- Queens & Bronx Criminal Record Sealing
- Rochester Record Sealing
- Rockland County Record Sealing
- Suffolk County Record Sealing
- Syracuse Record Sealing
- Westchester County Record Sealing
- Yonkers Record Sealing
Although expungement is not available in New York, sealing of criminal records is.
CPL §160.59 – New York’s New Record Sealing Statute
The new record sealing law can be found in New York Criminal Procedure Law (CPL) §160.59. This law allows you to apply to seal a misdemeanor or non-violent felony conviction that is ten years old, provided you have no other convictions within that time frame and no open criminal charges. Once the record is sealed, it will not viewable by the public through background checks. Employers, landlords, lenders and other individuals or institutions will not be able to find out about your record through an official record search. Your record will still remain visible to law enforcement and other government officials, however.
Up to two convictions can be sealed
This law allows you to seal the records on up to one felony and one misdemeanor conviction, or two misdemeanors (but not two felonies). If you have two felony convictions or more than two convictions total, including misdemeanors, you may not be eligible to have your record sealed under the law. This law can be especially helpful to someone who was convicted of a DWI or drug offense but is being unfairly haunted by their criminal record for a one-time mistake which occurred long ago.
Legal help is needed for sealing
It is important to understand that record sealing under the new law is not automatic, and it is not guaranteed. You will need to make a motion to the judge to seal your records, and provide a compelling argument with documentation that convinces the judge that sealing your records would be appropriate. Not only is the decision to seal your record within the judge’s discretion, but the District Attorney involved in your case is notified of your application to seal your records and has the ability to object to the records being sealed. If that happens, there will be a hearing in court on whether your records should be sealed or not.
Sealing your criminal records is a judicial process that requires the advice and representation of a qualified, experienced New York criminal defense attorney. You want to make sure your application is prepared accurately and completely and submitted with the best documentation to make your case for sealing. If a hearing is required, you need someone on your side who has litigated criminal matters in New York courtrooms and who knows New York criminal law and procedure. The attorneys at Levy & Rizzo, LLC provide precisely this level of high-quality legal assistance and representation. Our NYC criminal record sealing lawyers are committed to getting you the best outcome available under the law.
Help with the Full Range of Sealing Options under New York Law
CPL §160.59 is only the latest New York law to provide an option for sealing criminal records, but it is not the only option. The attorneys at Levy & Rizzo, LLC are New York criminal defense attorneys who are knowledgeable and experienced in all aspects of New York criminal law, including the different record sealing options available under New York Penal Law. We provide informed, educated and practical advice regarding the pros and cons of the different sealing options available and can advise you on the best options in your specific, personal situation. In addition to CPL §160.59, we can address your options for sealing records under any of the following laws as well:
Full Sealing under CPL §160.50
This section of the law allows for full, permanent sealing of criminal justice, law enforcement and court records, and destruction of fingerprint records. This sealing should be automatic when you receive a favorable disposition in your case such as an acquittal ater trial, dismissal, Adjournment in Contemplation of Dismissal (ACD) or a dismissal in the interest of justice (Clayton motion).
Partial Sealing under CPL §160.55
This type of sealing should also be automatic after conviction for a violation, which is a non-criminal offense under New York law. Examples of violations include traffic tickets, disorderly conduct, trespass, and unlawful possession of marijuana. With partial sealing, fingerprint records are destroyed and law enforcement records are permanently sealed, but court records remain unsealed. Even though DWAI is a noncriminal offense (traffic infraction), it is specifically excluded from partial sealing under CPL §160.55. The more serious DWI, which can be a misdemeanor or felony, is sealable under the new record sealing law.
Drug Diversion Sealing under CPL §160.58
If you are facing prosecution for a drug offense and agree to enter treatment as an alternative to incarceration, you can have your record sealed after completing the terms of diversion. However, your record can be unsealed if you are later arrested for another crime. This option for sealing a drug record can be used to seal a non-Class A drug felony and up to three prior misdemeanor drug convictions.
Get Started Today on the Road to a Brighter Future With Help From NYC Criminal Record Sealing Lawyers
Call Levy & Rizzo, LLC at 718-585-3400 for a free consultation regarding whether you could benefit from having your criminal conviction record sealed. Our New York City criminal record sealing lawyers are waiting to hear from you, and eager to help.