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Judge Publishes Decision Granting Sealing Under New York CPL § 160.59 Sealing Law

Collins Gann McCloskey & Barry PLLC (CGMB) is proud to have represented our client N.N., whose name has been redacted to protect his identity, in his successful action to have his criminal record sealed under New York’s new criminal record sealing law (CPL § 160.59). A judge in Queens, New York, granted the motion and sealed N.N.’s criminal record. The judge wrote that our client “is an example of the type of person the legislature intended to help in enacting the sealing statute. The defendant’s 2006 conviction stands as an aberration to an otherwise exemplary law-abiding life.” N.N. was represented by CGMB associate Philip Nash. Publishing this decision will now serve as an example throughout New York State when judges consider other criminal record sealing motions.

Founding partner Rick Collins and firm associate Philip Nash have established CGMB as a leader in criminal record sealing in New York. Rick served as co-chair of the New York State Bar Association’s Criminal Justice Section Sealing Committee, and was the co-author of the committee’s Report and Recommendations to conditionally seal certain low-level criminal convictions in New York. Since this second chance sealing law went into effect in October 2017, CGMB has successfully sealed convictions throughout New York State.

New York law does not permit someone to expunge their criminal record. Sealing a criminal record means that the record is sealed and cannot be made available to the public. The conviction still exists, but it will not be reported as part of a background check for the purposes of employment, housing, education and other important purposes. New York only recently allowed for criminal record sealing of many non-violent felony and misdemeanor criminal records, including drug possession and drug sale, and driving while intoxicated (DWI/DUI) convictions.

For more information about criminal record sealing or expungement in New York, including specific eligibility criteria and how to move forward to have a criminal record or a conviction sealed, call us at (516) 218-5131. Your opportunity for a true second chance can start now.