New York Criminal Record Sealing Lawyers
Proven Results for Clients Throughout New York City
Being convicted of a criminal offense, even a minor misdemeanor, can have long-term consequences. Your conviction means you will have a permanent criminal record that is accessible to anyone running a routine background check on you. Any future employer, professional licensing agency, landlord, educational institution, and others will be able to view the fact that you were convicted. This can be used to deny you opportunities that allow you to reintegrate into society and improve your life and livelihood. Something as simple as qualifying for a license to sell real estate, become a nurse, teacher, pharmacist, building contractor, electrician, and more can remain out of reach. Having your record sealed can change that.
If you have a criminal record and would like to find out if you are eligible for record sealing, you can discuss this with one of our experienced legal team. Furthermore, if you are eligible, we can prepare the documentation needed and any legal arguments that might be required to back up your case so that you have the best chance of success. At Hamilton Clarke, LLP, we understand the disadvantages that a criminal record can have for your future; our goal is to help restore your good name wherever possible. With our deep experience and understanding of the applicable law and how best to present your case, your record may be eligible to be closed to the public.
New York’s Record Sealing Law
In order to have your record sealed, it is necessary to file the proper paperwork with the court.
Record sealing in the state of New York falls under Criminal Procedure Law 160.59 that permits individuals to have their records sealed under certain conditions:
- You have been convicted in two cases or less, only one of these was a felony conviction
- A period of 10 years has elapsed since you were sentenced or released from jail or prison
Not all convictions are eligible for sealing. Certain other requirements may be applicable as well. For example, you cannot have any new criminal cases pending. In instances where you have more than two convictions, if they were related to the same incident, you may still be eligible. As an example, in an arrest where you were charged with multiple crimes for one incident, it may be possible that the court will view the multiple convictions as only one. However, these decisions are made at the discretion of the court.
Convictions of certain offenses are not eligible. These include certain sex crimes such as rape, sexual assault, and more as well as homicide offenses like manslaughter and murder, any Class A felony offense, and other violent felony crimes.
Once your record has been sealed, the only people who will be able to see it are law enforcement agencies when carrying out their duties.
Skilled Legal Help From Our New York Record Sealing Attorneys
In the matter of record sealing, the courts have wide discretion as to whether you will be granted relief. In fact, judges may look at other factors beyond the eligibility requirements mentioned above. They may review the total circumstances of the crimes committed, what measures you have taken in terms of rehabilitation into the community, your character, and more. Because of this, it is vital that you present a well-prepared and supported case. Our firm understands how to prepare effective cases to give you the best possible chance for moving forward into a better future.
Learn if you are eligible for record sealing. Contact us at (646) 603-0522 today.