New York Record Sealing Benefits
It’s Time to Enjoy the Benefits of Having Your Criminal Record Sealed
A criminal record, even for something seemingly as minor as a DWI or misdemeanor possession, can have serious negative consequences on your life for years into the future, long after you have paid a fine or served your sentence. Once your debt to society has been paid, it is simply not fair to be forever shackled to a criminal record that keeps you from getting a good job or finding a decent place to live. Fortunately, help is available. A new law now makes it possible to have records of New York misdemeanor and felony convictions sealed from public view. Levy & Rizzo, LLC is here to help you through this process and achieve success. Read on to learn more about the benefits of record sealing, or call 718-585-3400 to get started on the path to a brighter future.
What Gets Sealed, and What Sealing Means
Under New York Criminal Procedure Law (CPL) §160.59, all official records and papers relating to the arrests, prosecutions and convictions, including all duplicates and copies, on file with the division of criminal justice services or any court, will be sealed from public view. These records will not be made available to any person or public or private agency except as provided by law.
Sealed records can still be made available to:
- The defendant (you) or your agent – you can always access your own record
- Qualified agencies, such as New York courts, the Department of Corrections, sheriff’s offices, and district attorneys
- Federal and state law enforcement agencies when acting within the scope of their law enforcement duties
- A state or local officer or agency responsible for issuing licenses to possess guns, if you have applied for one
- Your prospective employer if you have applied for a job as a police officer or peace officer (you will get a copy of any records obtained and have an opportunity to explain them)
- The FBI, when responding to background checks to purchase firearms
Apart from these limited circumstances related to law enforcement, your record will be sealed. It will not be provided to a prospective employer, lender, landlord, credit reporting company or anyone else who is conducting a background check on you. If you have ever been denied a job offer or interview, or suffered other negative consequences from your criminal record, you understand what a change in your life could result from the benefit of having your record sealed.
Waiver of Eligibility for Sealing Not Allowed
You can’t be required or permitted to waive eligibility for sealing as part of a guilty plea, sentence or any agreement related to a conviction for an eligible offense. Any such waiver is void and wholly unenforceable. This means a DA can’t make you give up your right to have your record sealed as part of a plea bargain, and a judge can’t impose it as part of your sentence.
Call Now to Find Out if You are Eligible to Have Your Record Sealed
Under this law, you can have up to two New York misdemeanor convictions, or one misdemeanor and one felony conviction, sealed from public view. To learn more about whether you are eligible to benefit under this new law, call Levy & Rizzo, LLC at 718-585-3400 for a free consultation on your particular situation.