On April 12, 2017, The New York Senate has passed new legislation for people to seal or “expunge” old criminal convictions. It is good news to the many New Yorkers who are living with ancient criminal records of their youth. Attorneys and advocates have fought for this bill for years. New York was the last state to add sealing to its laws.
Surprisingly, even Driving While Intoxicated can be sealed as well as many felonies and most misdemeanors. The new criminal record sealing law New York went into effect in October 7, 2017 and will place New York as one of the most expansive record-closing authorities in the US.
New Sealing Record Law Highlights
Before the sealing passed, criminal convictions in New York remained on a person’s record for a lifetime and would appear one’s civil background check.
Now, sealed records won’t be available to the public and not appear on a civil background check. Homicides, sex offenses, and other violent crimes are ineligible for sealing.
The new law allows the Court to seal two eligible offenses, but not more than one felony. Generally, ten years (plus any incarceration) must have passed from the sentencing date to the application date without any new convictions.
If the Court grants the sealing motion, the conviction is still available to law enforcement agencies and local agencies that are responsible for issuing gun permits.
Benefits of Criminal Record Sealing Law New York
The change in record sealing in New York gives benefits to the lives of New Yorkers. This new record sealing law will help many law-abiding and rehabilitated individuals. As a result, this will make it possible to apply to employment, credit, housing and other opportunities.
After convicted individuals pay their dues and complete their sentences, a positive life and career opportunities await them. It will also provide them more chances and confidence to change their image and start a new life. Thus, it gives them the enthusiasm to help and get engaged in the community and improve their productivity.
New Record Sealing Procedure
An attorney makes the application for sealing in the court of conviction. The motion contains evidence showing that the person has rehabilitated their life and complied with all of the sealing rules. The attorney then serves the application on the District Attorney, and if the District Attorney does not object to the sealing, no hearing is held, and the court will likely grant the sealing. If the District Attorney objects, the court holds a hearing to grant or deny the motion.
Finally, a new opportunity to allow New Yorkers with convicted crimes start a new life without judgments of their past.
A Law Firm By Your Side
John C. Nelson has an in-depth knowledge of Criminal Record Sealing Law New York, this enables him to provide clients with the strong legal representation they need. John and his team’s familiarity with this complex law is unrivaled, and a consultation with the Nelson Law Firm can give hope to families looking for a fresh start. New Yorker’s seeking to live a normal life, deserve a dedicated attorney to clear their record and start living free of employment limitations from ancient convictions from their past.