New York State Passes Legislation Sealing Criminal ConvictionsThursday, September 21, 2017
On October 1st individuals previously convicted of crimes may apply to have them sealed. Only certain types of convictions are eligible however and there must be at least ten years from the date of conviction with no arrests or incarceration.
What is sealing a criminal record?
It is a legal process which limits access to criminal records. Sealed records are not public records and will not appear in an ordinary criminal record check. Only certain criminal justice professionals under limited circumstances may inspect a sealed conviction record. Sealing a criminal conviction is not the same as having one expunged.
What is a conviction?
You have been ‘convicted’ if you were found guilty of, or plead guilty to, a criminal offense. You do not have to have been sent to prison or even paid a fine to have been convicted.
Why is sealing a criminal record important?
Most employers, landlords, every public housing authority and Federal student loan agencies conduct a criminal record check of applicants. If a conviction is sealed, an applicant does not have to report that they have a criminal conviction. Further, the conviction will not show up on a record check unless it has a direct and substantial relationship to the job being sought.
If you believe that you are eligible to have a past conviction sealed, Trevett Cristo can assist you with the application and, if required, hearing process. Please contact our office today if you would like to speak with an attorney.