Sealing a criminal record in New York removes public access to that record, protecting individuals from the negative impacts of their past.
This article provides a broad overview of how to request a record sealing in New York.
Eligibility for Sealing
Not all offenses qualify for sealing in New York. Generally, non-violent felonies and misdemeanors can be sealed after a waiting period. The law mandates a minimum waiting period after completing a sentence, including parole. Generally, this period is eight years for felonies and three years for misdemeanors.
Outside that can impact eligibility include:
- Multiple convictions
- The seriousness of any other convictions
- Specific serious offenses (Sexual crimes, for instance, do not qualify for sealing)
- Steps that show rehabilitation, such as whether the convict has attended treatment, gone back to school, volunteered in the community, and so on
The Application Process
The application process for sealing a criminal record involves the following steps:
- Gather their documentation, including court records and proof of completed sentencing. The application must include clear evidence supporting the request for sealing.
- Fill out the appropriate forms accurately. Even minor mistakes can lead to denials.
- File the application with the court that convicted the applicant.
- Upon filing, the court schedules a hearing. Applicants must attend this hearing and present their case. Help from a legal representative is invaluable during this process. They can help provide compelling reasons for sealing, increasing the likelihood of a positive outcome.
The Court Hearing Process
The sealing hearing is fairly straightforward. The judge reviews the application and listens to the reasons for sealing. A prosecutor may also be present, offering arguments against sealing. The judge weighs both sides carefully. Applicants should prepare to answer questions and clarify any doubts about their rehabilitation.
The judge will decide whether to grant or deny the sealing. If they approve, the court takes action to restrict public access to the record. If they deny the sealing, the applicant can appeal or try again later.
Individuals can obtain proof of sealing, often called a sealing order. This document serves as official confirmation that the court sealed the record. Obtaining proof of sealing is crucial for prospective employers, as they may request verification.
Life After Sealing
Once someone seals their records, their lives can improve significantly. Sealed records do not appear in background checks for most employers. This change enhances job prospects for anyone facing challenges due to their criminal history.
Sealing a criminal record can also positively impact employment and housing applications. It limits what a prospective landlord can see in someone’s background.
How Much Does Sealing Cost?
Filing fees may apply, but they are based on the court and the circumstances. Legal fees will also apply. Applicants can work with an attorney to negotiate a price that works for them.
New York does allow self-representation during the sealing process. However, it is not recommended that you go through this process without legal help. The smallest mistakes can lead to denial, and legal counsel will help ensure that all steps and forms are completed correctly.
On average, New Yorkers spend about $330 on the sealing process.
How Long Does Sealing Take?
Generally, the process takes several months. The specific timing depends on the court's schedule and backlog. Applicants should exercise patience and stay informed throughout the process. Securing legal counsel will help applicants stay informed and help keep the process on track.
Common Myths
Sealed Records Disappear Entirely
Sealing restricts access to records, but it does not erase the record from existence. Certain entities, such as law enforcement and certain employers, can still view sealed records.
Any Criminal Record Can Be Sealed
New York has specific criteria for which crimes it seals. Generally, only certain non-violent felonies and misdemeanors can be sealed. Additionally, applicants must have no more than two convictions, and only one of these can be a felony. Moreover, certain time limits must pass since the conviction or release from incarceration, whichever is later. Finally, applicants must not have any pending charges or subsequent convictions.
Sealing Is Automatic
In New York, sealing a criminal record requires proactive steps. Individuals must file a motion with the court, and the court will review the request to determine eligibility. This process involves submitting various forms, providing documentation, and sometimes attending a hearing. It is a legal procedure that requires effort and, often, an attorney’s assistance.
Collins McCloskey Gann PLLC can help you get a record sealed in New York. We can review your case and help determine your eligibility. Then, we can stand by you and help you through the process. For a free consultation with our team, call our office at (516) 218-5131 or contact us online.
