What is the process to have my criminal record sealed under 160.59?

2020-06-29T10:45:18+00:00

If you meet the criteria to have your criminal records sealed, a detailed application must be submitted with the reasons for requesting sealing. The application must contain a copy of a certificate of disposition for any offense for which the defendant was convicted. The application is [...]

What is the process to have my criminal record sealed under 160.59?2020-06-29T10:45:18+00:00

What will the court consider if I ask my for my criminal record to be sealed under 160.59?

2020-06-29T10:44:46+00:00

In considering an application to seal your criminal records the judge will consider many factors including: the amount of time that has elapsed since the last conviction; the circumstances and seriousness of the offense for which you were convicted; the circumstances and seriousness of any [...]

What will the court consider if I ask my for my criminal record to be sealed under 160.59?2020-06-29T10:44:46+00:00

Can I apply to have my record sealed if I have a previous drug conviction that was sealed?

2020-06-29T10:44:15+00:00

Maybe. If you have only one prior drug conviction that was sealed under Criminal Procedure Law section 160.58, and now you seek to have a different conviction sealed, and the total convictions sealed amount to no more than one felony or no more than two [...]

Can I apply to have my record sealed if I have a previous drug conviction that was sealed?2020-06-29T10:44:15+00:00

What if I have three or more convictions, can I still seal my record?

2020-06-29T10:43:48+00:00

Maybe. For the purposes of this law, if multiple convictions are from the same incident, then they will be counted as only one conviction, even though they would be sealed. For example, if you had a misdemeanor larceny in 2000 and in 2001you were convicted [...]

What if I have three or more convictions, can I still seal my record?2020-06-29T10:43:48+00:00

If my application is successful, what records will be sealed?

2020-06-29T10:43:23+00:00

When a sealing application is granted, the records on file with any court and the New York State Department of Criminal Justice Services will be sealed. These records include all official records and papers related to the individual’s arrest, prosecution, and conviction, as well as [...]

If my application is successful, what records will be sealed?2020-06-29T10:43:23+00:00

Is sealing the same as expungement?

2020-06-29T10:42:57+00:00

No.  New York does not recognize or have an expungement process.  With sealing, the records still exist, they just are not accessible to the public.

Is sealing the same as expungement?2020-06-29T10:42:57+00:00

Who can see a conviction after it has been sealed?

2020-06-29T10:42:31+00:00

Members of the public will not be able to see a conviction that is sealed.  However, sealed records can be made available to the following: You or anyone you authorize to see the records. Federal, state, and local law enforcement agencies acting within the scope [...]

Who can see a conviction after it has been sealed?2020-06-29T10:42:31+00:00

Can I get my pistol permit if my criminal record is sealed?

2020-06-29T10:42:06+00:00

Maybe. While a sealed record may make you eligible for a pistol permit, the inquiry regarding a pistol permit application is wide-ranging and may include youthful offender adjudications, dismissed charges, and sealed records. The licensing agency will also consider other factors when considering whether to [...]

Can I get my pistol permit if my criminal record is sealed?2020-06-29T10:42:06+00:00

If I am asked by an employer if I have a criminal conviction, can I answer “no”?

2020-06-29T10:41:45+00:00

Yes, so long as the formal sealing order has been granted. This is a major benefit to this law. Other than the situations above where you still must disclose your sealed record, all other employment situations allow you to affirmatively deny any prior convictions.

If I am asked by an employer if I have a criminal conviction, can I answer “no”?2020-06-29T10:41:45+00:00

Will my conviction be sealed permanently?

2020-06-29T10:41:15+00:00

It depends.  If you do not get arrested again, your records will be sealed permanently.  However, if you do get re-arrested, you will lose the seal on your records.

Will my conviction be sealed permanently?2020-06-29T10:41:15+00:00
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