Reducing the Impact of a Federal Conviction in New York City

| by Max Soni

Last Updated on: 15th December 2023, 05:49 pm

Reducing the Impact of a Federal Conviction in New York City

Having a criminal record can make life really hard. It can be difficult to get a job, find housing, or do other normal things. But there are ways to reduce the impact of a conviction, especially after some time has passed.

First, it helps to understand how long a conviction stays on your record in New York. For most misdemeanors, records are sealed after 10 years. For felonies, it varies based on the type of felony. Some low-level felonies get sealed after 10 years, while violent felonies may stay on your record forever.

One important law that can help is the Clean Slate Act being considered in New York. This law would automatically seal records for people who finish their sentence and stay out of trouble for 7 years. This would help millions of New Yorkers move on with their lives.[1]

Getting Your Record Sealed

If your conviction is eligible, getting your record sealed can be a big help. This means your criminal record is still there, but it’s hidden from most background checks. Here’s how to get started:

• Make sure enough time has passed since your conviction. This is usually 7-10 years.
• Get certified copies of all court documents related to your conviction.
• Fill out forms to apply for record sealing. You can get these from the court clerk.
• File everything with the court and pay the fee (usually $45).

The process takes a few months. You’ll have to go to a court hearing and explain why you deserve to have your record sealed. If approved, your record will become confidential.

Applying for a Certificate of Relief

Another option in New York is to apply for a Certificate of Relief from Disabilities. This helps lift automatic penalties and disqualifications from a conviction.[3]

You can apply for a Certificate of Relief as soon as your sentence ends. The process involves submitting an application to the court and going to a hearing. The certificate can restore things like the right to vote, hold public office, serve on a jury, and get licensed for certain jobs.

Seeking a Pardon

A pardon is the most complete way to remove obstacles from a conviction. A pardon forgives the offense completely. It lets you deny the conviction ever happened for most purposes.

You can apply for a pardon anytime after your sentence ends. The process involves submitting a detailed application to the Governor’s office. They’ll investigate your case and make a decision. If approved, you’ll get an executive pardon lifting all remaining penalties.

Pardons are hard to get. Your offense has to be relatively minor, and you must prove you’ve rehabilitated yourself over many years. But a pardon offers the cleanest slate possible.

Federal Convictions

If your conviction is federal, the rules are mostly the same. Federal convictions can’t be expunged, but they can be “set aside” through a presidential pardon. This removes penalties and restores your rights.

For federal convictions, you’ll need to apply directly to the Office of the Pardon Attorney. They’ll investigate and make a recommendation to the president. If approved, your rights will be fully restored.[4]

The First Step Act also offers “earned time credits” that can reduce federal prison sentences. This allows inmates to complete programs and get released earlier for good behavior.

Finding Housing and Employment

Even with a record sealed or pardoned, you may still face discrimination in housing and jobs. There are resources to help:

• New York’s Fair Chance Act bans employers from asking about criminal history until after a conditional offer.
• Discrimination complaints can be filed with the New York Division of Human Rights.
• Non-profit groups like the Fortune Society provide career counseling and job placement.
• Supportive housing is available for people overcoming homelessness and re-entry challenges.

Don’t give up hope. Many employers value workers with diverse backgrounds. With perseverance, you can find opportunities.

The Second Chance Amendment

The New York City Bar Association has proposed a “Second Chance Amendment” to provide more opportunities for people with convictions. It would let judges modify sentences after 10-15 years of good behavior.[5]

This would reduce overly-harsh sentences for people who have genuinely changed. It offers hope and motivation during incarceration. Write to your representatives to support bills like this.