Search Site
Menu

What you need to know about New York’s new sealing law

burn document.jpeg

For many, a criminal conviction may not carry a lifelong prison sentence, but it can carry a lifelong sentence of lost opportunities, job discrimination and other consequences. Even those who never face another conviction might have to live with punishment for a crime that took place many years ago. This could change, though, with a new law taking effect in October regarding criminal record sealing.

According to the Collateral Consequences Resource Center, §160.59 of New York’s Criminal Procedure Law will allow for new sealing provisions that make New York one of the most generous states in the country for such. You should know the following facts.

You may seal two convictions

The law provides for sealing up to two convictions at the discretion of the court. This means that any person with a criminal conviction may petition the court that tried them to have the records of the conviction sealed. One stipulation of this provision, however, is that only one of the crimes sealed may be a felony conviction.

Some crimes are not eligible

Although the law change will benefit many people with convictions, there are some who will not be eligible to have their crimes sealed. These include any person convicted of a sex crime, violent felony or class A felony. If your conviction is less than 10 years old, you may have to wait to have its records sealed.

Get started by filing an application

Sealing of conviction records does not occur automatically. Those interested should file an application with the court which handled the case originally. You must also include a sworn statement explaining the reason for sealing. This can be a challenging process to navigate. An experienced criminal defense attorney can help.

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

Adam D. Staier Attorney Photo
Adam D. Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

William M. Swift Attorney Photo
William M. Swift
Associate Attorney

About William M. Swift is an associate attorney at the Law Office of James L. Riotto and brings 20 years of experience to our clients. His practice focuses on personal injury cases and criminal matters. He has successfully represented individuals in felony, misdemeanor cases. Additionally, he has extensive knowledge in DMV administrative proceedings involving suspensions…

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    Helpful and quick to respond. They are an outstanding team. If you're searching for a lawyer, look no further.

    Read more

    Bahadır Yıldız

  • google
    5.0/5.0

    James and his team are the best people out there! I had some issues with an insurance lapse which was not my fault but the insurances fault and lack of communication to the dmv, they figured everything out in literally 3 days and a week later I was d...

    Read more

    Gabby Mulcahy

  • google
    5.0/5.0

    James and his team are the best people out there! I had some issues with an insurance lapse which was not my fault but the insurances fault and lack of communication to the dmv, they figured everything out in literally 3 days and a week later I was d...

    Read more

    Gabby Mulcahy

  • lawyers
    5.0/5.0

    Mr. Riotto disposed of a difficult traffic case promptly, efficiently and with an excellent result that I had referred to him.

    Read more

    Attorney

  • lawyers
    5.0/5.0

    It has been a pleasure to work with James Riotto. My daughter needed help with being pulled over and having her car towed along with having her license plates removed and given a ticket. As I am out of state feeling helpless, James Riotto was on top ...

    Read more

    Client

See all reviews
Contact us

Quick Contact Form