Finally, New York
State passed a Criminal Record Sealing Statute. Criminal Procedure
Law Section 160.59 allows People who have been previously convicted of
certain crimes and offenses to have their record sealed.
ALTHOUGH THE STATUTE BECOMES EFFECTIVE IN
OCTOBER, 2017, GIVEN THE GREAT NUMBER OF REQUESTS THAT WILL BE MADE TO
SEAL CRIMINAL RECORDS, AND THE LIMITED CAPACITY OF THE COURTS TO
PROCESS THESE REQUESTS, IT NECESSARY TO ACT NOW TO ENSURE THAT YOUR
MOTION TO SEAL YOUR RECORD IS REVIEWED AND GRANTED AS SOON AS POSSIBLE
Law § 160.59.
New York Record Sealing Law
This law was
desperately needed for those persons, who may have previously made a
mistake in their lives. A Criminal Conviction can follow one for
life, with far reaching results, ranging from effecting persons’
ability to obtain employment, credit, housing, as well as the social
stigma and embarrassment that goes along with it. In the world of the
internet, it is very easy and inexpensive for anyone, ranging from
prospective employers, landlords, friends, fellow co-worker and loved
ones, to find your Criminal Record in New York. If your motion is
granted, your record will be Sealed to the Public and various
Government agencies, and THE LAW PROVIDES YOU WILL NOT HAVE TO REVEAL
ON YOUR EMPLOYMENT, OR OTHER VARIOUS APPLICATIONS THE FACT THAT YOU
HAVE BEEN ARRESTED, OR CONVICTED OF THE CRIME THAT IS SEALED.
The New York Record Sealing Law
would allow any person who has no more than one felony conviction and
no more than two total convictions to make a motion to the Court in
which they were convicted to seal the records of up to two eligible
convictions. Unfortunately, not every conviction is eligible.
not eligible for record sealing:
offense under Penal Law 130.
under Penal Law 263
offense under Penal Law 125
“violent felony offense” (specifically defined under Penal Law 70.02)
Any class A
offense under Penal Law 205 (if predicate underlying offense is among
the ineligible offenses here).
attempt to commit any of the offenses that are ineligible.
that requires registration as a sex offender.
for record sealing:
offenses NOT in the list above are eligible for record sealing.
In order to be
Eligible to make a motion, a person’s previous conviction must be more
than 10 years old from the previous conviction. The time is tolled
from the time of the sentence or the time they were released from
jail/prison, whichever was last before they can apply for a sealing.
In addition to this, several other requirements must be met. Given
that sealing of one’s record is not a right, the Court has discretion
to grant or deny such request, and the District Attorney’s Office of
the County in which the person was convicted can oppose said motion
for sealing, which may result in a hearing before the Court in which
the motion is being brought.
discretion the Court has, and the anticipated opposition some District
Attorney’s Offices may have to Sealing, the Motion should be well
written and set forth a compelling argument to the Court for Sealing.
Not only should an experienced attorney make a compelling argument in
the Motion, but the correct reasons must be set forth in order for the
Court to grant the Motion and Seal the record. Any Motion should have
attached the necessary documentation to back up such arguments.
THEREFORE, IN ORDER TO ACHIEVE THE BEST RESULTS, IT IS IMPERATIVE THAT
A PERSON HIRE AN EXPERIENCED CRIMINAL LAWYER TO PREPARE THE MOTION AND
ARGUE TO THE COURT, AS DENIAL OF SAID MOTION WILL LIKELY RESULT FROM
THE PERSON BEING UNABLE TO BRING THE MOTION AGAIN. OUR FIRM HAS
SUBMITTED AND ARGUED THOUSANDS OF MOTIONS SUCCESSFULLY IN CRIMINAL
CASES OVER THE LAST 25 YEARS.