Is Expunging Records Easy in New York State?

Having a criminal record can feel like carrying around a heavy burden that impacts every aspect of your life. At Spodek Law Group, we understand how challenging it can be to move forward when past mistakes continue to hold you back. The good news is that New York State recently passed legislation that makes it easier than ever before to get certain criminal records sealed or expunged. But is the process really as simple as it sounds? Let's take a closer look at expungement in New York and what you need to know.

What is Expungement and How Does it Differ from Record Sealing?

Before we dive into the details, it's important to understand the difference between expungement and record sealing. While these terms are often used interchangeably, they actually refer to two distinct processes:Expungement completely erases a criminal record as if it never existed. The record is destroyed and there is no trace of it in court or law enforcement files.Record sealing hides a criminal record from public view but does not destroy it entirely. The record still exists but can only be accessed by certain government agencies under limited circumstances.In New York, true expungement is only available for certain marijuana convictions. Most other eligible convictions can be sealed but not fully expunged. However, the effects of sealing are very similar to expungement in terms of restoring opportunities.

The New York Clean Slate Act: A Game Changer for Record Clearing

In November 2023, New York Governor Kathy Hochul signed the Clean Slate Act into law, dramatically expanding access to record sealing. This groundbreaking legislation creates an automatic sealing process for many criminal convictions after a waiting period has passed.Under the Clean Slate Act:

• Eligible misdemeanor convictions will be automatically sealed 3 years after sentence completion
• Eligible felony convictions will be automatically sealed 8 years after sentence completion
• Most sealed records will be hidden from employers, landlords, and the general public
• Certain serious felonies and sex offenses are not eligible for automatic sealing

This new law represents a major shift in New York's approach to criminal records. Instead of requiring individuals to petition the court for sealing, many records will now be sealed automatically without any action required.The Clean Slate Act is set to take effect in November 2024, giving state agencies time to implement the new automatic sealing system. While the law will make record clearing much easier for many New Yorkers, the process is still not instantaneous or universally available.

Who is Eligible for Record Sealing in New York?

While the Clean Slate Act expands access to sealing, not all criminal records are eligible. To have your record sealed in New York, you must meet certain criteria:

• You can have up to 2 misdemeanor convictions or 1 felony and 1 misdemeanor conviction sealed
• At least 10 years must have passed since your last conviction
• You cannot have any pending criminal charges
• Certain serious felonies and sex offenses are not eligible
• You cannot seal more than 2 convictions total

It's important to note that even if your conviction is sealed, it may still be visible to certain government agencies, law enforcement, and employers in sensitive industries like healthcare or education. A sealed record is hidden from most background checks but not completely erased.

The Record Sealing Process in New York

While the Clean Slate Act will make sealing automatic for many convictions, you may still need to petition the court to seal your record in some cases. The general process for sealing a criminal record in New York involves:

1. Obtaining a copy of your criminal record and reviewing eligibility
2. Gathering supporting documentation like proof of rehabilitation
3. Filing a motion with the court that convicted you
4. Notifying the district attorney's office, which has 45 days to object
5. Attending a hearing if the DA objects or the judge requests one
6. Receiving the judge's decision to grant or deny sealing

This process typically takes 3-6 months from start to finish. While you can attempt to navigate it on your own, having an experienced attorney guide you through the steps can significantly increase your chances of success.

Challenges and Complexities in the Sealing Process

While New York has made great strides in expanding access to record sealing, the process is not always simple or straightforward. Some common challenges include:

• Incomplete or inaccurate criminal records
• Difficulty gathering supporting documentation from years ago
• Objections from the district attorney's office
• Judicial discretion in granting sealing
• Convictions in multiple jurisdictions requiring separate petitions

Additionally, the rules around record sealing can be quite complex. For example, sealing a felony conviction also seals any misdemeanor convictions from the same criminal transaction. But sealing a misdemeanor does not automatically seal related felony convictions.Navigating these nuances requires a deep understanding of New York criminal law. That's why having an experienced attorney in your corner can make all the difference.

The Benefits of Sealing Your Criminal Record

While the process may seem daunting, the benefits of sealing your record are significant. A sealed record can:

• Improve employment prospects by hiding convictions from most background checks
• Make it easier to secure housing and loans
• Restore professional licenses and career opportunities
• Remove barriers to education and financial aid
• Reduce stigma and discrimination based on past mistakes

Perhaps most importantly, sealing your record can provide peace of mind and a true second chance to move forward with your life.

How Spodek Law Group Can Help

At Spodek Law Group, we believe everyone deserves a second chance. Our experienced New York criminal defense attorneys have helped countless clients successfully seal their records and reclaim their futures.When you work with us, we will:

• Thoroughly review your criminal history to determine eligibility
• Gather all necessary documentation and evidence to support your case
• Prepare and file a compelling motion for sealing
• Represent you at any required hearings
• Advocate zealously on your behalf throughout the entire process

We understand the life-changing impact that sealing your record can have. That's why we fight tirelessly for our clients every step of the way.Don't let past mistakes define your future. Contact Spodek Law Group today at 212-300-5196 to schedule a free consultation and learn how we can help clear your record.

Frequently Asked Questions About Record Sealing in New York

How long does it take to seal a criminal record in New York?

The timeline for sealing a record can vary depending on the specifics of your case. Generally, the process takes 3-6 months from start to finish. However, complex cases or objections from the district attorney can extend this timeline.

How much does it cost to seal a record in New York?

There is no filing fee to petition for record sealing in New York. However, there may be costs associated with obtaining copies of your criminal record and other supporting documentation. If you choose to work with an attorney, legal fees will also apply.

Can sealed records ever be unsealed?

In rare circumstances, a sealed record may be unsealed by court order. This typically only occurs if the record becomes relevant in a new criminal case or if you apply for a job that requires disclosure of sealed records (like law enforcement positions).

Will sealing my New York record affect federal convictions?

No, sealing your record in New York state court does not impact federal convictions or convictions from other states. Those would need to be addressed separately through the appropriate court systems.

Can I seal arrests that didn't lead to conviction?

Yes, in many cases arrests that did not result in conviction can be sealed more easily than convictions. The process is often simpler and has fewer restrictions.

The Future of Record Clearing in New York

The passage of the Clean Slate Act represents a major step forward in New York's approach to criminal records. As implementation of the law moves forward, we can expect to see:

• Increased access to record sealing for millions of New Yorkers
• Reduced barriers to employment, housing, and education for those with criminal records
• Potential expansion of eligibility criteria in the future
• Greater emphasis on rehabilitation and reintegration of formerly incarcerated individuals

While challenges remain, the future looks bright for those seeking a clean slate in New York. As the landscape continues to evolve, having knowledgeable legal counsel by your side is more important than ever.

Taking the Next Step Towards a Clean Slate

If you're considering sealing your criminal record in New York, don't wait to take action. The sooner you begin the process, the sooner you can start enjoying the benefits of a clean slate.At Spodek Law Group, we're committed to helping our clients navigate the complexities of record sealing and achieve the fresh start they deserve. Our experienced attorneys will guide you through every step of the process, fighting tirelessly to protect your rights and secure the best possible outcome.Don't let your past define your future. Contact Spodek Law Group today at 212-300-5196 to schedule a free consultation and learn how we can help clear your record. With our expertise and dedication on your side, a brighter future is within reach.Remember, you're not alone in this journey. We're here to support you every step of the way as you work towards a clean slate and new opportunities. Let's work together to write the next chapter of your story - one free from the burden of a criminal record.