Sealing your criminal records in New York might be one of the best decisions you ever make. It can allow you to move forward with your life without the hindrance of past criminal convictions. This may lead to better employment opportunities, more reliable access to housing, and much more. In addition, clearing your name can provide you with a sense of relief. Knowing that your criminal records are no longer accessible to anyone with an internet connection is like a weight off your shoulders. Everyone deserves a second chance – especially if you were convicted of a crime that is no longer illegal in New York (like recreational possession of marijuana).
But how exactly do you do this? Sealing your records is much easier with help from a qualified, experienced lawyer in New York. Choose to work with a lawyer who has experience with this specific area, and you can finish this process quickly. Once you team up with a lawyer, you can trust them to guide you through the various steps. But what exactly are the steps associated with sealing your records in New York?
Prepare the Petition – The general process starts with a petition or a request for a criminal certificate of disposition. It is important to submit this request to the clerk of the court that handled the case you want to seal. From that point onward, you will need to wait for a Certificate of Disposition. If you receive this certificate, you can complete a Notice of Motion in Support of Sealing. In addition, you will need to complete an Affidavit in Support of Sealing. In other words, you will need to provide a written, sworn statement saying that you wish to have your records sealed. Many of these forms are readily available for download and completion online.
Once you have completed these steps, you can serve all of these documents and any supporting documents to the district attorney in the county where you were charged/convicted. After completing your Affidavit of Service, you can complete the sealing application with the appropriate court in the appropriate district.
Wait for the Review – After filing your documents, you will need to wait for the courts to review your petition to have your records sealed. There is no easy way to tell how long you will have to wait. Backlogs can increase wait times, especially when there is a sudden rush of people trying to have their records sealed. For example, a new bill in New York might allow people to have certain crimes sealed, causing thousands or even hundreds of thousands of people to file petitions at the same time. That being said, you can always expect lower wait times if you complete your paperwork with help from a qualified attorney. These legal professionals can lower the chances of preventable mistakes in your paperwork, and these mistakes can cause delays.
React to the Ruling – At some point (hopefully soon), you will receive an official ruling on your petition to have your records sealed. The request will either be granted or denied. In some cases, they may ask for additional information that was missing in the original documents. A lawyer can help make sure that you include all of the appropriate documents in your application, allowing you to avoid this time-consuming issue.
If your request is denied, you can take certain actions with help from your lawyer. Your request may have been denied for the wrong reasons, and your lawyer can help you push back. Remember, a denied request does not necessarily need to represent the end of your quest to have your records sealed. If you have attempted to have your records sealed without help from a lawyer and you’ve been denied, it may be necessary to get legal assistance as you move forward.
Sealed Records After 10 Years – Many individuals in New York may be attempting to have their records sealed if they have two or fewer misdemeanor convictions that are more than 10 years old. New Yorkers can also have one misdemeanor and one felony sealed after 10 years (although certain restrictions may apply). It is important to note that this process does not happen automatically, which means that you must take the following steps:
- Request a Disposition: Once again, it is important to request your disposition from the court that represents the specific county/district in which you were charged.
- Complete the Sealing Application: You need to sign your affidavit in front of a notary public. You should also attach evidence of “rehabilitation,” such as community service records, evidence of charity work, and so on.
- Make Copies: During this entire process, it’s important to make and keep copies of all documents you receive, sign, and file.
- File All Documents with the Court: Once you have collected your documents, the only remaining step is to file them with the court.
How Do I Know Whether My Records Have Been Sealed Automatically?
But what happens if your records should have been sealed automatically? How do you make sure that this actually happened? The only way to find out is to obtain a copy of your “rap sheet.” You can do this by requesting a copy from the Division of Criminal Justice Services online at any time. This is an obvious first step, as it shows you which specific charges you still need to seal.
Who Can Help Me Seal My Records in New York?
If you have been searching for a qualified lawyer in New York who has experience with record sealing, look no further than the Law Office of Katherine O’Brien. Over the years, we have helped numerous New Yorkers who need to seal their records. With our assistance, you can navigate this process; we will develop an action plan based on your specific circumstances. We can also help New Jersey residents with expungements. Reach out now to get started.
