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

In a study that was conducted in New York City, having a criminal record directly reduced the likelihood of getting a callback on a job or a job offer by close to 50 percent. This is especially the case for African-American job applicants due to additional discriminatory factors.

The Difference of Interaction

According to that same study, if the applicant has a chance to interact with the manager doing the hiring, this personal interaction could help the former inmate obtain employment. However, in order to get this opportunity, many will need to first get their criminal records expunged or sealed, as their applications are frequently eliminated upon first glance due to prior convictions.

The Point Where a Criminal Record Should Be Irrelevant

The study discovered other interesting findings as well: In general, the younger the offender, the longer they had to stay out of trouble in order to be considered “redeemed.” Thus, the study focused on producing empirical data for prospective employers, quantifying at what point a former offender is no longer at a greater risk of committing a crime compared to another demographically-similar person.  According to the study’s authors, when the ex-offender reaches this point, their criminal history should no longer be considered relevant.

Equal Employment Opportunity Commission (EEOC) Guidance for Employers

The EEOC also has guidance for how employers should factor in criminal records when it comes to job applicants. Specifically, the Commission suggests that employers should be required to demonstrate that a criminal record is “job-related” before it can impact a decision on whether or not to hire the ex-offender. This suggests that a job applicant who has a prior crime on their record should not barred from being interviewed and given the chance to interact with the employer. Instead, employers should understand whether that prior crime is even meaningful in the context of the job that the ex-offender is specifically applying for.

Assistance with Criminal Record Sealing In New York

Most people agree that there is a point in which employers should no longer consider a person’s record to be relevant; if nothing else because at that point, the ex-offender is no longer more likely to commit a crime than anyone else in the population.

In addition, redemption isn’t just relevant to employment: A criminal record can interfere with one’s ability to get housing, benefits, financial aid, admission into schools, etc.

As of October, people convicted of certain types of offenses in New York have the ability to get records of their conviction sealed. For expert assistance getting your record sealed, contact Levy & Rizzo, LLC, The Clean Slate Attorneys today for a free consultation.

Resource:

nij.gov/topics/corrections/reentry/pages/employment.aspx

The importance of being able to have a fresh start cannot be overstated: Convictions—for felonies in particular—can have devastating consequences on a person’s life—even 40 years later. 

Haunted For Decades

In this case, the former Nassau County resident highlighted in the article had been convicted of a misdemeanor in the 1980s, and it still weighed heavily on his employment and housing opportunities. Another individual highlighted in the article who had his record sealed had been convicted of a felony drug charge as a young man, and was haunted by it for decades; rejected for one job after another because employers “didn’t trust ex-cons.”

For many, it’s also about alleviating the sense of “worthlessness” that can hang over you simply because of the stigma associated with your record. There is, understandably, a need to get rid of the fear and embarrassment, and simply move on.

This stigma accompanies many who have already served their sentences and/or paid their fines for crimes such as shoplifting or driving under the influence, and who should not have to face a lifetime of disparagement and a lack of opportunities as a result. Many of these individuals have led law-abiding lives for decades after a minor criminal conviction, but are living under a stigma for a past mistake.

The law is also good for the public as a whole, allowing these individuals access to jobs will help discourage recidivism and allow them to become contributing members of society.

New York Record Sealing Law

The sealing law was included in the budget passed by the legislature in April, and allows those with prior convictions which are at least one decade old to apply to permanently seal their records (unless they are a violent felon and/or a sex offender).

Perhaps most importantly, while law-enforcement will continue to have access to the sealed criminal records, landlords and employers will not. The law works by allowing for those with previous convictions to file an application in the same court where they were sentenced. Prosecutors are then given 45 days to file objections.

Record Sealing Attorneys Serving New York

Regardless of the sentence you served, there is no question that having a criminal record which is viewable in a background check can block one opportunity after another. Certain types of convictions in particular are often enough for those in a hiring or other position of power to rush to judgment and make a rash decision about you.

Don’t let this be you. Contact the record sealing attorneys at Levy & Rizzo, LLC, The Clean Slate Attorneys to discuss having your New York drug conviction record sealed.

Resource:

newsday.com/long-island/nassau/crime-conviction-record-nassau-1.15017562