Seal Your Conviction In New York
A common solution for people convicted of crimes, a Motion to Seal a Conviction is a statutory remedy benefiting someone with limited prior convictions. The motion is a way to petition a trial court to seal a conviction based on the factors listed in Section 160.59 of the Criminal Procedure Law.
While sealing does not make the convictions go away, it often helps “hide” the conviction(s). This may be useful with regard to a background check of an employer. It may also improve things for someone whose conviction is in a public database that would otherwise be easily available to the prudent researcher. Rosenberg Law Firm in Brooklyn is a resource for postconviction relief. Our team advises people seeking to seal their state or federal criminal convictions.
Benefits Of Record Sealing
Even courts are sometimes unable to see sealed records without good cause. Sealing does not restore many of the civil disabilities that felony — or some misdemeanor — convictions might impose upon the individual (such as applying for a gun license).
However, the relief can grant many individuals sufficient relief to earn some state licenses, avoid barriers to certain employment, and live a more normal life free of the chains that attach to past convictions. Sealing is granted at the discretion of the trial court based on the statutory factors in CPL 160.59, and many individuals may be eligible for an application to seal their conviction. The New York Courts correctly define the general criteria for sealing a conviction.
Are You Eligible To Have Your Record Sealed?
You are eligible to request to seal a conviction if you meet the criteria described below.
- You have been crime-free for at least 10 years since your conviction and/or release. The ten-year period starts from the date of conviction or release from prison, whichever is later.
- You have two convictions or less on your criminal record. This means no more than two misdemeanor convictions or one felony and one misdemeanor conviction.
You cannot have had any new criminal convictions or have a current criminal case pending. Courts have the discretion to seal up to two convictions, only one of which may be a felony. If you have more than two convictions, you may still be eligible if your convictions are related to the same one or two incidents. For example, if you were charged and convicted of multiple crimes during one incident, the court may decide to treat the multiple convictions as one conviction.
Expunged marijuana convictions do not count toward your total number of convictions. These are treated as if they never happened.
Our Postconviction Relief Attorneys Are Available Now
Explore your options for relief after a criminal conviction in New York. Our Brooklyn lawyers are here to evaluate your case and determine whether you are eligible for record sealing.