Are Sealing and Expungement the Same Thing?
When a record is sealed, this means that the criminal conviction has been hidden from the public. It won't be found on public databases, and it won't come up during a criminal background check. That said, it's possible for people to access information about the criminal conviction if they are part of the military if you enlist, the courts, law enforcement, or agencies that issue licenses for firearms. Expungement completely erases a conviction from your record. New York state does not offer expungement of criminal records as an option.How do you get a conviction sealed?
The first step for the sealing of a conviction is to file an application at the criminal court where you were convicted in the first place. The application needs to include a sworn statement that you have written which includes the reasoning behind why you need the conviction to be sealed. The prosecution has the right to object to a sealing. In certain circumstances, like those in which the prosecution objects, there might be a hearing in which your sealing lawyer will need to argue the case for sealing to the judge. In other circumstances, there won't be a hearing. The judge will review your application, take into consideration a number of relevant factors, and make an executive decision.Are Felonies Eligible for Sealing?
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Can all Convictions be Sealed?
Rules about sealing have been put in place so that individuals who have criminal records might be able to start over without putting the safety of the public at risk. Sealing is not intended to hide criminal records of people who have a long criminal history and have made no efforts toward rehabilitation. For this reason, the sealing law only allows a maximum of two eligible convictions to be sealed. They cannot both be felonies. If you were convicted of multiple charges during one criminal transaction, the sealing law considers all of the eligible crimes to be one single crime regarding sealing limits.Must Employers be Informed about Sealed Convictions?
After you've had your conviction sealed, that conviction will not come up when people perform a criminal background check. There are exceptions to the rule: if you apply for the military or apply to be a peace officer or police officer. Other than that, employers don't have the right to ask about your sealed convictions.
Frequently Asked Questions
No. You have the right to remain silent and the right to an attorney. Invoke both rights immediately and contact Spodek Law Group.
Every case is different. We offer free initial consultations to evaluate your case and discuss our fee structure.
An arraignment is your first court appearance where charges are formally read. You enter a plea and bail may be set. Having an attorney present is critical.
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