Being convicted of a crime can have long-lasting consequences on your personal and professional life. Fortunately, a recent law enacted by New York in 2017 allows some people to seal their criminal record to avoid this type of impact on their lives. However, this can be quite challenging to do. Consulting an experienced criminal defense lawyer will provide you with insight on how this process works and whether it’s a viable solution for your situation. Before speaking to a lawyer, consider the answers to some of the most common questions regarding this legal matter. 

What to Know About New York’s Record Sealing Law

What does it mean to seal a record?

When a record is sealed, the conviction is hidden from public searches. This will eliminate all association of an arrest or conviction from your name. Therefore, prospective employers and landlords won’t learn of your conviction during a background check, and you won’t be obligated to disclose it. Only law enforcement and criminal justice professionals will be able to access this information.

Who qualifies to have their record sealed?

To have your records sealed, New York law requires that your conviction be at least 10 years old and you have no more than two convictions in total. Typically, this can be two misdemeanors or one felony and one misdemeanor. Additionally, certain convictions are not eligible to be sealed, including most sex crimes, offenses considered to be violent in nature, and crimes categorized as Class A felonies. 

What is the process for sealing a record? 

There are strict guidelines you must follow when applying to have your records sealed. Thus, it’s in your best interest to have a criminal defense lawyer walk you through the process. You must complete the application and submit it to the court where you were convicted. In addition, you must provide a certificate of disposition for the conviction, a sworn statement explaining why the record should be sealed, and any other documents that support your position.

How does the court decide whether to seal a record?

The judge has wide discretion in deciding whether a conviction should be sealed. Their ruling will be based on a variety of factors, such as the seriousness of the crime, your character and any steps you’ve taken to show you’re rehabilitated, statements made by the victim of your offense, and what kind of impact the sealing would have on public safety. A criminal defense lawyer can help present a compelling argument on your behalf.

Don’t let a previous conviction limit your future potential. With the guidance of Larry R. Koss Law Firm in Brockport, NY, you may be able to seal your record and gain a clean slate. Having served as a criminal defense lawyer in Monroe, Orleans, Niagara, and Genesee counties for more than 40 years, he’s helped many clients successfully prove they deserve a fresh start. Call (585) 431-2677 to schedule a free consultation, or visit his website for more information on the types of cases he represents.