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PRACTICE AREAS NY Expungement/Sealing
PRACTICE AREAS NY Expungement/Sealing PRACTICE AREAS NY Expungement/Sealing | NY Expungement/Sealing |
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SEALING NEW YORK CRIMINAL CASES In New York State, there are more than 4 million arrest records, dating back to the 1890s, on file in the computers of the Division of Criminal Justice Services (DCJS). If you have ever been arrested for a fingerprintable offense in New York State, even if you were never found guilty of the charges, you have an arrest record on permanent file at DCJS. Effective July 14, 2003, the Office of Court Administration (OCA) of the State of New York has expanded their program of making criminal history records available to the general public. The service is available to anyone who has your name and date of birth available to them (alias names have to be searched separately to produce results). The search does NOT require your permission. Click Here For → NY Employment Solutions
CAN I GET CASES ERASED FROM MY RECORD? WHAT DOES IT MEAN IF A CASE IS SEALED? WHAT KINDS OF CASES CAN BE SEALED? WHO GETS TO SEE SEALED CASES ? HOW LONG DOES IT TAKE TO SEAL THE RECORDS OF A CASE? CAN I EVER GET MY MISDEMEANOR OR FELONY CONVICTIONS SEALED? WHICH CERTIFICATE MIGHT BE RIGHT FOR YOU? DO I HAVE TO DISCLOSE INFORMATION ABOUT MY SEALED RECORDS TO A PROSPECTIVE EMPLOYER? HOW TO GET THE PROCESS STARTED?
CAN I GET CASES ERASED FROM MY RECORD? ↑top No, you cannot erase or “expunge” criminal record information in New York State. But State law does allow the courts and DCJS to “seal” information about any case that was dismissed or that was otherwise terminated (ended) in your favor. Records of convictions for most non-criminal offenses or violations can also be sealed. Misdemeanor or felony convictions cannot be sealed. Arrests that lead to conditional or unconditional discharges for misdemeanors or felonies cannot be sealed. Discharges are convictions, even if you do not pay a fine or serve time in jail or on probation or parole. There are two types of non-criminal convictions that cannot be sealed. They are “Driving While Impaired” (because a second conviction for the same thing is automatically a misdemeanor) and “Prostitution” (because in 1969, a prostitution conviction was made a crime). Many traffic infractions are violations and, as such, are sealable. Traffic infractions that are not misdemeanors or felonies usually do not appear on DCJS rap sheets unless you were arrested for a criminal offense and the traffic infraction was included as an additional charge. Violations of Vehicle and Traffic Law §1192(2) (operating a motor vehicle with .10% or higher level of alcohol in the blood), Vehicle and Traffic Law §1192(3) (driving while intoxicated), and Vehicle and Traffic Law §1192(4) (operating motor vehicle while impaired by drugs) are all misdemeanors, and therefore cannot be sealed. Driving while "impaired" by alcohol in violation of Vehicle and Traffic Law § 1192(1) is considered a violation, but for special reasons, such violation convictions cannot be sealed.
WHAT DOES IT MEAN IF A CASE IS SEALED? ↑top When a case is sealed, your fingerprints, palm prints and mug shots are destroyed, and information about the sealed arrest is removed from the version of your rap sheet that will be sent to employers and others. However, you should understand that the record of a sealed arrest is never completely destroyed. A record of all your arrests will still remain in a confidential file in the DCJS computer. Only in very limited circumstances can sealed information be released. Note: Employers still may gain access to sealed information about non-criminal convictions by doing a search of court records, rather than using a DCJS rap sheet. But sealing is still worth the effort because it reduces the chance of an employer seeing the information.
WHAT KINDS OF CASES CAN BE SEALED? ↑top Information about cases that were terminated in your favor and cases in which you were convicted of a “violation” rather than a “criminal offense” can be sealed.
Violations And Traffic Infractions That Can Be Sealed Under Section 160.55 Of The Criminal Procedure Law
Arrests leading to convictions for possession of marijuana violations A violation conviction for possession of less than 7/8 of an ounce of marijuana under Penal Law §221.05 should be sealed under CPL §160.55 three years after the crime date if there are no subsequent drug-related convictions during that waiting period. WHO GETS TO SEE SEALED CASES ? ↑top Sealed information for arrests that were terminated in your favor (pursuant to CPL §160.50) is released by DCJS in only a few situations. If you make a request to see your own rap sheet, sealed information will appear on it. If you apply for a license to carry a gun, the agency that issues the license or permit (usually the local law enforcement agency) will get sealed information from DCJS. If you apply for a job as a law enforcement or peace officer, or any other job that requires you to carry a gun, the employer will have access to sealed and confidential information from DCJS. If you are arrested while on parole or probation, your P.O. can get information on the case even if it was sealed or is sealable. Prosecutors and other law enforcement official can gain access to sealed information by showing that “justice requires” that they have the information. HOW LONG DOES IT TAKE TO SEAL THE RECORDS OF A CASE? ↑top Do not expect immediate results if you are trying to seal entries on your rap sheet. The criminal justice system in New York State is one of the largest and busiest in the country. For this reason, it will probably take at least three months for you to seal your records. If you are going to be fingerprinted for a job, start working on “cleaning up” your record far in advance. CAN I EVER GET MY MISDEMEANOR OR FELONY CONVICTIONS SEALED? No. New York law does not allow misdemeanor or felony convictions to be sealed. However, there are other alternatives that you can pursue. CERTIFICATE OF RELIEF FROM DISABILITIES AND CERTIFICATE OF GOOD CONDUCT If you have a misdemeanor or felony conviction, it cannot be sealed, but you can apply for a Certificate of Relief from Disabilities or a Certificate of Good Conduct. Such certificates restore some of the rights you may have lost as a result of your conviction (such as the right to serve on a jury) and can help when you are looking for work or applying for a license. If you have a certificate when you apply for a job or an occupational license, the employer or licensing agency must assume that you are “rehabilitated.” This means that you should not be rejected for employment or refused a license just because of your conviction, unless your conviction has a direct bearing on your ability to perform the job. The certificates are useful because New York has a number of laws that otherwise bar persons who have been convicted of certain crimes from working in particular jobs or getting certain licenses. The most common of these laws automatically bar people with felony convictions, but some laws also bar people with certain kinds of misdemeanor convictions. These certificates, in most cases, remove what are called “statutory bars” to employment or occupational licenses. This means that, instead of automatically being disqualified for a particular job or license because of your conviction(s), you have the right to be considered for the position on an individual basis. Having a certificate does not completely protect you from being denied a job or license because of your criminal record. A certificate is not a pardon; it does not erase the record of your conviction. You still must list your convictions on job applications that ask for them. And employers will still see your convictions if they ask for your rap sheet when you apply for a job. Although an employer must take your certificate into account in deciding whether to hire you, the law still permits an employer or licensing agency to refuse to hire or license you if your convictions are “job-related”.
WHICH CERTIFICATE MIGHT BE RIGHT FOR YOU? ↑top A Certificate of Relief from Disabilities if you have been convicted of any number of misdemeanors but no more than one felony. That is, you can apply for a Certificate of Relief from Disabilities if you have no felony conviction at all but you have one or more misdemeanor convictions, or if you have one felony conviction, with or without any misdemeanor convictions. In counting your felony convictions, you must include all your convictions, even if they were for federal or out-of-state charges. But do not count any cases in which you were tried as a juvenile delinquent or youthful offender. A separate Certificate of Relief from Disabilities for each misdemeanor or felony conviction. You can get Certificates of Relief from Disabilities for all your convictions, even for those that occurred out of state or in federal court. You can get a temporary Certificate of Relief from Disabilities even while you are on probation or parole. A temporary Certificate of Relief from Disabilities automatically becomes permanent after a specified date unless the issuing court or the parole board has revoked it. You can apply for a Certificate of Good Conduct if you were convicted of two or more felonies and any number of misdemeanors. You need only apply for one Certificate of Good Conduct, which will cover all your felony and misdemeanor convictions. However, there is a waiting period, and your application for a Certificate of Good Conduct will be considered only if a sufficient period of time has passed since your last conviction. If the most serious conviction in your criminal history was for a “C,” “D,” or “E” felony, you must wait at least three years from the date of your last conviction, payment of fine, or release from prison onto parole supervision, whichever is later. You will have to wait at least five years from your last conviction, payment of fine, or release from prison onto parole supervision if your most serious conviction was for an “A” or “B” felony. If you were sentenced to probation, the waiting period begins at the time of sentencing. This waiting period is mandatory; no exceptions are made. DO I HAVE TO DISCLOSE INFORMATION ABOUT MY SEALED RECORDS TO A PROSPECTIVE EMPLOYER? ↑top You do not have to disclose information about arrests that were sealed if they were terminated in your favor (i.e. dismissals or acquittals). If you were convicted of a non-criminal offense, however, you must disclose this information if asked, even if the record has been sealed.
NY Sealing are handled on a FLAT FEE BASIS (All inclusive), which makes the process cost effective and expeditious. Payment Plans Available Click Here For The Payment Schedule
HOW TO GET THE PROCESS STARTED? ↑top All you need to do is CALL or E-Mail my firm, so we can send you a NY Sealing Package that contains an Intake form and Retainer agreement.
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