Is Expunging Criminal Records Straightforward in New York?

Navigating the legal landscape of expunging criminal records in New York can be a complex and nuanced process. At Spodek Law Group, we understand the intricacies involved and are here to guide you through every step. While the term "expungement" is commonly used, New York primarily utilizes a process known as "sealing" for certain criminal records. Let's delve into the details to understand the process, eligibility criteria, and the challenges one might face.

Understanding Sealing vs. Expunging

In many states, expungement means completely erasing a criminal record as if it never existed. However, New York does not offer expungement in the traditional sense, except for some marijuana-related offenses. Instead, New York uses a process called sealing, which hides the record from public view but does not destroy it. This means that while the record is not accessible to most employers or landlords, it can still be seen by certain government agencies and law enforcement.

Eligibility Criteria for Sealing Records

The eligibility criteria for sealing a criminal record in New York are specific and somewhat stringent. Under the Criminal Procedure Law (CPL) section 160.59, individuals can apply to seal their records if they meet the following conditions:

• Limited Convictions: You must have no more than two criminal convictions in your lifetime, with no more than one being a felony.
• Time Requirement: At least ten years must have passed since the date of your conviction or release from incarceration, whichever is later.
• Crime-Free Period: You must have remained crime-free for the ten-year period.
• Eligible Offenses: Certain serious offenses, such as sex crimes, murder, and arson, are not eligible for sealing.

Automatic Sealing Under the Clean Slate Act

In a significant move towards criminal justice reform, New York recently passed the Clean Slate Act, which simplifies the process of sealing records for eligible individuals. Under this new law, which takes effect a year after being signed, misdemeanor convictions will be automatically sealed three years after the completion of the sentence, and eligible felony convictions will be sealed eight years post-sentence. However, severe felonies and convictions requiring sex offender registration are excluded from automatic sealing.

The Sealing Process

The process of sealing a criminal record in New York involves several steps:

1. Application: You must file an application with the court that sentenced you. This application should include all necessary documentation and a detailed explanation of why sealing your record is in the interest of justice.
2. Review: The court will review your application to ensure you meet all eligibility criteria. This includes verifying that you have no more than two convictions and that the required time has passed.
3. Hearing: In some cases, the court may hold a hearing where you can present your case and demonstrate your rehabilitation and the positive steps you have taken since your conviction.
4. Decision: The judge will decide whether to grant the sealing based on the evidence and arguments presented.

Challenges and Considerations

While the process might seem straightforward, several challenges can arise:

• Complex Eligibility Requirements: Determining eligibility can be complicated, especially if you have multiple convictions or if your convictions are from different jurisdictions.
• Documentation: Gathering the necessary documentation and presenting a compelling case for why your record should be sealed can be daunting without legal assistance.
• Legal Representation: Having an experienced attorney can significantly increase your chances of a successful outcome. At Spodek Law Group, we have the expertise to navigate these complexities and advocate on your behalf.

Benefits of Sealing a Record

Sealing a criminal record can have profound benefits, including:

• Employment Opportunities: Sealed records are generally not accessible to most employers, which can improve your chances of securing a job.
• Housing: Landlords typically cannot see sealed records, making it easier to find housing.
• Peace of Mind: Knowing that your past mistakes are not easily accessible can provide a sense of relief and allow you to move forward with your life.

Conclusion

While expunging criminal records in New York is not straightforward, the process of sealing records offers a viable alternative for many individuals. With the recent passage of the Clean Slate Act, the path to sealing records has become more accessible, providing a fresh start for many New Yorkers. At Spodek Law Group, we are committed to helping you navigate this process and achieve the best possible outcome. If you have questions or need assistance, contact us at 212-300-5196. Let us help you take the next step towards a brighter future.