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Posted on Sep 9, 2020

Sharifov & Associates, PLLC

SEALING CRIMINAL RECORD. In 2017, a new law went into effect in NY, that allowed for sealing criminal record under certain conditions. First, the defendant has to wait at least 10 years since the imposition of sentence for the most recent conviction. Some serious offenses cannot be sealed. You are eligible for sealing of up to 2 eligible offenses convictions, including not more than 1 eligible felony. It is important to understand that sealing a criminal record is not an entitlement but is discretional with the court. After the application is completed it should be filed with the court along with all supporting information with a copy served on DA’s office in every county where conviction occurred. After that DA’s office has 45 days to respond to this application & raise any objections. A court must consider such factors as amount of time since the last conviction, the circumstances & seriousness of the underlying offense, the character of the defendant including evidence of rehabilitation, work, school, participating in community & volunteering activities, any statements made by the victim, the impact of sealing criminal record on the defendant’s rehabilitation & job opportunities. If DA files an objection, Court must grant a hearing on the application. If the defendant is successful & the Court orders criminal records sealed, all official records & papers relating to the arrest and conviction are sealed & not made available to any person or public, except as provided by law
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