New York Criminal Conviction Sealing Lawyer
A recently enacted New York State law allows for individuals who have been convicted of Driving While Intoxicated, Driving While Impaired, almost all drug convictions, misdemeanor convictions and even most non-violent felonies apply for the conditional sealing of these types of convictions as long as the conviction is more then ten years old. If you have had any type of criminal conviction, you may have had issues getting a job, qualifying for public benefits or even losing your right to vote. These types of convictions could also impact your immigration status and ability to obtain citizenship. Having your conviction sealed can help avoid these types of negative consequences and most importantly, give you piece of mind that any mistake that you may have made in your past can finally be sealed. We handle these matters in Suffolk County, Nassau County and throughout the five boroughs.
FREQUENTLY ASKED QUESTIONS
Am I Eligible to Have my Conviction Sealed?
There are a number of variables that have to be considered when determining an individual’s eligibility. We need to determine how many prior convictions you have, what charges you were convicted of, where the convictions took place and most importantly, whether enough time has passed since your conviction to have it sealed.
If you want to know whether you are eligible to have your conviction submit any questions you may have here on our website or call 631-317-0765 for a free consultation.
Is There a Difference Between Expungement and Conditional Sealing?
The short answer is, yes. Expungement of a conviction generally means that the matter is erased in its entirety. There is currently no mechanism in New York allowing for expungement of any type of criminal conviction. Conditional Sealing of an offense does not mean that matter has been erased, but it does mean that all record of the conviction will not be made available to any person or private agency (except in very limited circumstances). If you have a specific concern regarding whether conditional sealing of your conviction will accomplish a specific goal, submit any questions you may have here on our website or call 631-317-0765 for a free consultation.
How Does the Process Work?
Initially, we have to determine whether your case is eligible for sealing. Next, we have to obtain all necessary documentation regarding your case and have a detailed review of your background since the time of your conviction. At this point, we prepare and submit a motion to the Court to formally apply for your case to be sealed. We will routinely conference with the District Attorney’s Office at this point to present the facts we think should convince the District Attorney’s Office to consent to our application to have your case sealed. At this point, the Court may hold a hearing to make a determination about whether your case should be sealed. Once we have obtained a positive outcome we will get an official copy of the Court Order and ensure that the conviction has been sealed with the County Clerk’s Office.
If you have any questions about the Conditional Sealing Process, submit any questions you may have here on our website or call 631-317-0765 for a free consultation.