This is the next post in my series on the sealing of New York criminal records. My last article discussed when one is eligible to seal a New York record. In 2017, our state greatly expanded the eligibility requirements for one to clear their history. This, in turn, will assist many individuals who have served their debt to society and wish to move on with their lives. A criminal defense attorney can assist you with understanding whether you are eligible to go through the process. In this article I will discuss the steps involved in that process. Ensuring that those steps are properly followed will help to make sure that you resolve the situation sooner, as opposed to later. If you or a loved one are in need of assistance then contact my office to speak with a Long Island lawyer.
The process of sealing a New York records begins with your counsel acquiring certain documents and records from the Court. These documents and records will include a Certificate of Disposition from the Clerk’s Office, a sworn statement from you as to why your record should be sealed, and any other relevant documentation. A Petition will then be filed in the Court which handled the original case. Once the Petition has been filed, it must be served on the District Attorney. The District Attorney will then have up to forty-five days to inform the Court as to whether or not their office objects to the sealing of the record. If the District Attorney does not object, then the Court will often grant the Petition without a hearing (although a hearing may still be held if the Court has questions or concerns). If the District Attorney does have an objection to the sealing, then the Court will hold a hearing to hear the objection. If a hearing is held, then the matter will be decided immediately at the conclusion of the hearing.
Once the Court grants the Petition then an Order will be signed by the Judge. That Order will direct the Clerk’s office to make all information, related to the case that is now sealed, inaccessible to the public (except for law enforcement and other entities who will still have access to the information). It will also be necessary to circulate the Order to any other agencies or bodies that may have references to the record. This process will allow the Petitioner to move on with their life.
If you are attempting to seal a New York record, and you are in need of assistance, then contact my office today to speak with a Long Island criminal defense lawyer. I am a former public defender who strongly believes that everyone is entitled to both aggressive representation and a second chance. I pride myself in providing a high level of service and my firm is ready to assist you. Contact us today to speak with an attorney. My office also serves Kings County residents in Brooklyn, residents of Queens, those in Nassau and Suffolk Counties, as well as people in other New York areas.