However, many do not realize that individuals with criminal records are also frequently denied access to crime victim programs; an issue that affects a surprising number of people, as addressed in a recent USA Today article.

African-Americans Disproportionately Affected

This practice ends up leaving a number of families without the services and healing that they need, and that tends to disproportionately affect underserved minority groups; in particular, African Americans. Black victims are notoriously less likely to be seen as crime survivors and have their perpetrators brought to justice.

Disqualifying Those with a Criminal Record

While crime victim compensation funds allow for money to be set aside in every state to help crime victim survivors pay for health-related and other necessary services, access to these funds, first and foremost, requires a police report, which presents one very major hurdle for those who already have a history of not being able to trust the police. In addition, the funds are often accessed through the state prosecutor’s office, potentially hindering domestic violence victims in particular who are reticent to testify against their perpetrators. The result? Reportedly, only half of all violent crimes are reported to police, and half of those are prosecuted; placing victims of color at a distinct disadvantage. In addition, many of these crime victim programs outright disqualify survivors with a criminal record, providing yet another disservice to communities who are already more frequently targeted for arrest in the first place. 

Moving In the Wrong Direction…

It is no secret that people who engage in crime need access to reform and employment opportunities far more than jail time. In so many cases, the perpetrators in these cases are victims of crimes themselves. Instead, what historically resulted from particular crimes committed were stiffening punishments and mandatory sentencing laws passed in the name of lost loved ones. Just look at the example of the “three strikes and you’re out” felony law in California, which imposes life sentences for petty crimes. Equating “justice” with harsh punishments kicked off a system of overwhelming mass incarceration, where America was left with the highest incarceration rate in the world, and one in seven prisoners is serving a life sentence.

New York Record Sealing Opportunities

Do not live in fear simply because you have a criminal record. If you live in New York, take advantage of the legal opportunity to get your record of conviction sealed. For assistance and a free consultation, contact Levy & Rizzo, LLC, The Clean Slate Attorneys today.

Resource:

usatoday.com/story/opinion/policing/spotlight/2018/04/18/black-crime-victims-too-frequently-slighted-justice-system/511007002/

The writer specifically describes being sentenced to 10 years in prison with a mandatory minimum of 40 months to be served before being eligible for release after pleading guilty to a first-time nonviolent drug offense in 1996. After being denied an education and subsequent opportunities during incarceration, he was released to additional punishments; punishments such as the automatic suspension of his driver’s license, myriad barriers to education and employment, the permanent loss of his voting rights in his birth state, and the overall “stigma of a criminal conviction.” In a system that favors punishment over reform, this is far from atypical.

Disproportionate Effects of Criminal Punishment & Records

Today, there are more than 70 million Americans currently living with a criminal record, and 2.2 million more incarcerated in local jails and federal and state prisons. African-Americans and Latinos represent 60 percent of the prison population (and only 30 percent of the general population), making these impacts disproportionate based on race. This results in losing working-age men and women, pockets of concentrated poverty, intergenerational disadvantages, and flourishing racial inequality.

Is It Morally Unjustifiable To Continue To Punish Those Who Have Served Their Time?

As the author points out, in addition to valuing liberty and equality, we as a society should also be embracing parsimony, or the concept that the punishment for the crime should never be more severe than what is necessary to achieve the retribution or prevention for that crime. Anything beyond this (including punishing those who have served their time via lifelong consequences of having a criminal record) arguably becomes morally unjustifiable.

New York Record Sealing Attorneys Who Can Help You Move On

Believe it or not, until the late 20^th century, the American criminal justice system did value what was needed to cure whatever landed an individual in the criminal justice system in the first place, including assistance with educational or vocational training.

States like New York are moving forward and now have laws allowing individuals convicted of certain offenses to get their records sealed, so that they do not suffer from these disproportionate penalties for the rest of their lives. For assistance in getting your record sealed here in New York, contact Levy & Rizzo, LLC, The Clean Slate Attorneys today for a free consultation.

Resource:

americanprogress.org/issues/criminal-justice/news/2018/02/27/447225/revolution-values-u-s-criminal-justice-system/

It also means that hundreds of thousands of people who have been convicted of low-level crimes through the years have a new chance at life here in New York.

How Do You Get Your Record Sealed?

Those with convictions on their records should work with an attorney to file an application to have their records sealed (which is then submitted to a judge). As part of this process, applicants can demonstrate that they have suffered from negative collateral consequences as a result of the conviction, and that they deserve a fresh start.

The Average Applicant & Legal Requirements

The average individual applying for a clean slate is someone who made a mistake many years before, where that conviction has been an impediment to the pursuit of happiness that most of us take for granted every day. In general, only two criminal convictions can be sealed. Those convictions that are not eligible to be sealed include most sex offenses, violent crimes, and class A felonies. In addition, those with more than one felony conviction or more than two misdemeanors are ineligible, and at least 10 years must have passed since the conviction.

For many—no matter how many years have passed since their conviction—they live through that one mistake on a regular basis, even 30 years later, especially when they want to switch jobs, which triggers running another background check. Getting the slate wiped clean means everything: a livelihood, paying the mortgage, putting food on the table, etc. It can affect all areas of life; not just employment, but also voting rights, jury service, housing, benefits, loans, etc.

New York Record Sealing Attorneys

If you have a criminal conviction in your distant past, you shouldn’t have to suffer every day via denied employment opportunities and the chance for a fresh start. Our attorneys can help: We focus exclusively on helping New Yorkers get their records sealed. Contact Levy & Rizzo, LLC, The Clean Slate Attorneys today for a free consultation and we’ll discuss next steps.

Resources:

amsterdamnews.com/news/2018/feb/08/new-law-new-yorkers/

vox.com/policy-and-politics/2018/2/20/17027738/gun-control-bills-congress-parkland-florida-marjory-stoneman-douglas-shooting

Sadly, the details of one’s record are frequently disclosed by a third party if a record has not been expunged or sealed. Below, we discuss some of the injustice of this issue.

The Fraudulent Notion of “That’s The Past”

This isn’t just a phenomenon that the previously incarcerated are pointing out, but rather, some of the most respected academics around the country have dedicated their lives to studying a culture that permanently punishes those with criminal records; a system that regularly produces significant structural and systemic consequences for those with a criminal record. Many of these academies do not feel that this notion of someone doing their time and it’s over, simply cannot exist in a context where public records of criminality are “increasingly asked for by institutions and increasingly easy to find because of the digital age.”

According to some of these experts, this phenomenon is the result of how we as a society define “justice,” where justice is taught as someone being put away for life in order to ensure the safety for everyone else. But isn’t this the very definition of injustice? Those who work with previously incarcerated individuals—in helping them get the resources that they need to become successful in their lives—report that many of these individuals who have been out and working for a significant amount of time, and who go in for a new job or a promotion, end up having their record hurt them and their ability to move ahead in their careers. This is antithetical to most religious teachings; this concept that people can redeem themselves and change their lives. Rather, it is a “stone” that we as a society keep casting “over and over again.”

New York Attorneys Who Help Expunge and Seal Criminal Records

In the state of New York, more than 250,000 people are either incarcerated, on parole, or on probation. Do not rely on the good nature of others to do the right thing and avoid judging you simply because you have a criminal record. States like New York allow you to wipe the slate clean if you have been convicted of certain offenses.

Contact the team at Levy & Rizzo, LLC, The Clean Slate Attorneys in New York today to find out how we can help ensure that you are not a victim of this perpetual punishment as a result of your criminal record.

Resource:

wskg.org/news/perpetual-punishment-the-collateral-consequences-of-life-with-a-criminal-record/

Specifically, Manning was convicted in 2013 for violating the Espionage Act, and served seven years in prison before her sentence was commuted in January 2017. She would be running against Senator Ben Cardin, who has served two terms in the Senate.

Laws Barring Running for Office

While the U.S. Constitution allows U.S. citizens with criminal records to run for Congress, state laws will sometimes bar it. For example, while the state of Maryland only requires that an individual be at least 30 years old, a U.S. citizen for at least nine years, and a resident of the state at the time of election in order to run, states such as Texas and Georgia have certain limitations on those who have been convicted of “crimes of moral turpitude,” such as bribery, perjury, forgery, and related crimes involving lying, deceit, fraud, or breaking financial responsibilities, when it comes to running for office.

Public Office & Other Consequences in New York

In New York, if you have been convicted of a felony or misdemeanor, you may be barred from public office jobs, including elected and appointed office, such as governor, judge, legislator, and local supervisor and commissioner positions, as well as correctional officer, parole, police, and probation officer. Hence, getting your record of conviction sealed makes sense in order to ensure that any doors won’t be closed to you.

In fact, you might be surprised at just how inhibiting even a minor conviction from the past can be in terms of your future. Some of these collateral consequences include:

• Class B Misdemeanor (example: possessing less than an ounce of marijuana): bars you from living in New York City Housing Authority apartment for at least three years after you finish serving your sentence;
• Two convictions for jumping subway turnstiles: allows someone with a green card to be deported;
• Possession of a single marijuana cigarette: cuts off federal student loans for one year;
• Any felony or misdemeanor: makes you permanently ineligible to serve as a caregiver at a family day care home, ineligible to obtain security guard instructor certification renewal, and suspends a license to practice law;
• Crimes of “moral turpitude” (fraud, dishonesty, misrepresentation, etc.): makes you ineligible for employment as an officer of a public work contractor.

New York Record Sealing Lawyers

Given how easy it is to work with an attorney to effectively get your record sealed, there simply is no reason to risk letting it slide and having your record ultimately rob you of your dream job. Contact Levy & Rizzo, LLC, The Clean Slate Attorneys in New York today to find out how we can help.

Resources:

newsweek.com/chelsea-manning-us-senate-maryland-criminal-record-780876

nycourts.gov/Courthelp/Criminal/publicOfficeConsequences.shtml