Do you carry the weight of a past mistake or an unjust accusation on your shoulders? For many people, a criminal record can significantly affect their chance for a better future.
In New York, some individuals may have the opportunity to seal their criminal records. This process can offer a fresh start and remove barriers to employment, housing, and other opportunities.
Is sealing a record the same as expungement?
Sealing and expunging records are different legal processes. Sealing restricts access to criminal records but doesn’t erase them. Expungement involves the destruction of records, effectively erasing the offense from legal history.
New York only offers record sealing, not expungement.
Who qualifies for record sealing in New York?
New York law allows for the sealing of specific criminal records. However, not all offenses are eligible. The criteria for eligibility include:
- Conviction occurred at least 10 years ago
- No more than two misdemeanor convictions or one felony and one misdemeanor
- No pending criminal charges
- Completed all terms of the sentence, including probation and parole
It’s important to note that certain convictions are not eligible for record sealing. These include serious crimes such as driving while impaired, sex offenses and domestic violence.
Steps to seal your criminal record
If you meet the eligibility requirements, you can take the following steps to seal your record:
- Obtain a copy of your criminal record, which you can request online
- Complete the application for sealing, which includes a sworn statement of eligibility
- Sign the application form before a notary public
- Serve a copy of your papers to the District Attorney
- File the application with the court where the most severe or recent conviction happened
The court will review your application and decide based on the facts of your case and your eligibility under the law.
Reducing the stigma of a criminal conviction
New York’s record-sealing aims to balance public safety with rehabilitating former offenders. Remember, though, that each case is unique—the outcome depends on each person’s circumstances and the court’s discretion.
Consulting a qualified attorney may help you improve your chances of success. Moreover, if you do not qualify for sealing, they may help you appeal your conviction or explore other legal options to regain your rights.
