The Lawyer’s Desk: By: Hon. Richard Brodsky
Many people have a brush with the law and go on with their lives without further involvement with the criminal justice system. Until late last year New York State did not give much of an opportunity to clear their records to folks who had committed a crime, but thereafter stayed out of trouble. A youthful mistake could follow someone forever, no matter how upright and honest a life he or she was living. It was especially burdensome when seeking employment or licenses.
After years of effort that changed in October of 2017 when Governor Cuomo and the Legislature enacted Section 160.59 of the Criminal Procedure Law. It is now possible for a person with a criminal conviction, even a felony, to have the record of the conviction sealed, and employers cannot ask about or use the conviction negatively. Rehabilitation and moving forward productively are now rewarded. More and more people are taking advantage of the new opportunity.
There are requirements and legal procedures that must be observed. The conviction has to be over ten years old. Specified violent crimes and sex offenses are not included. There needs to be a formal application, and a court proceeding where the local District Attorney gets to participate. The applicant has the burden of establishing to the judge that sealing is “in the interest of justice”, usually by submitting one or more sworn affidavits establishing the facts of post-conviction life and attesting to good character and good works.
For those who qualify, the process can be handled in a matter of week. It’s not overly burdensome, and more and more applications are being filed and granted. For many folks it’s a new lease on life and a chance to put an end to permanent consequences to a youthful mistake. If you or someone you know can meet the legal requirements, you should consider a record sealing application.
This article is written by a member of the Oxman Law Group, PLLC (www.oxmanlaw.com). Any comments or inquiries are welcome and can be directed to Marc Oxman at 914-422-3900 or moxman@oxmanlaw.com.
