Sealing Your Criminal Record In New York
A criminal conviction is a hard thing to live with. It can stop you from getting a job or a promotion. It can harm your eligibility for student aid. It could prevent you from getting a mortgage loan or volunteering at your children’s activities. That is why record sealing is so valuable. Fortunately, New York recently made it easier to get a criminal record expunged with new laws like the Clean Slate Act.
If you have a criminal record and want to know if you qualify for record sealing in New York, contact the Law Office of Luke Scardigno at 718-414-6186. My office is in Queens, and I offer no-cost initial consultations. I can help you determine if you qualify for record sealing.
Understanding Record Sealing In New York
Criminal record sealing means that information about your arrest or conviction is no longer publicly available. It will not show up on civil background checks conducted by employers.
Sealing your criminal record can help you with applications for:
- Employment
- Housing
- Funds for school
- Any other services that require a background check
Sealing your criminal record does not completely erase the event and can still affect sentencing if you are convicted of another crime. Law enforcement will still have access to your criminal history. Your criminal history can also be used in immigration proceedings, even if your record has been sealed.
Conditional Sealing In New York State
Previously in New York, a criminal conviction remained on your record permanently, unless you qualified for a conditional sealing. However, now, under New York’s Clean Slate Act, some eligible convictions are automatically sealed after a waiting period. Even under New York’s new laws, record sealing is still conditional. This means that if you are convicted of a new crime, your previously sealed records can return as part of your criminal history.
Frequently Asked Questions About Sealing Your Criminal Record
Because the sealing law is so new, there is a great deal of confusion about how it works. I often get asked the same questions. Here, I’ve provided some general answers to those questions. For answers about your specific case, you can call me for a free initial consultation.
What does it mean to seal my record?
Sealing your criminal record means that the record of a criminal conviction is hidden from public record searches. In other words, when you apply for a job, your prospective employer would not find out about your conviction during a background check and you would not be obligated to disclose it.
How does having my record sealed help me?
Having your prior convictions sealed can take away many barriers in life. For example, you would have an easier time:
- Getting into a school program
- Getting hired for a job
- Getting approved for public housing
- Getting licensed in certain occupations, such as real estate and liquor sales
Successfully sealing the record of your arrest or conviction can open up new opportunities to get ahead by allowing you to go to school or get a good job.
Who qualifies to have their records sealed?
Most misdemeanor convictions and some felony convictions are eligible for record sealing. Under New York’s Clean Slate Act, some records are even sealed automatically. Eligible convictions include DWI, petit larceny (shoplifting) and almost all nonviolent misdemeanor offenses. Your eligibility for record sealing and how long it takes to seal your record will depend on whether you were convicted of a misdemeanor or a felony and the facts and circumstances of your case.
Certain criminal convictions, such as crimes of violence and sex crimes, cannot be sealed. As a criminal defense attorney with more than 30 years of legal experience, I can help you assess your situation and tell you more about your potential eligibility.
Do I need a lawyer to help me apply?
Understanding what crimes are eligible for sealing and how long you have to wait can be confusing. Courthouse and district attorneys’ office staff are not always helpful. I am familiar with New York’s new laws and the process for sealing your criminal records. If you need to apply, I can help you with your application and file it properly. If it becomes necessary, I can help you prove that you have rehabilitated since your conviction and that you deserve a fresh start under the law.
Consult A Queens Criminal Record Sealing Defense Attorney For Free
I offer my clients a free initial consultation so that I can answer your questions and guide you on your next steps. To schedule your free appointment with me, you can call 718-414-6186 or send me a message through my website.