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How to Get Your Criminal Record Sealed in New York City
How to Get Your Criminal Record Sealed in New York City
Having a criminal record can make life real tough. It can be hard to get a job, find housing, and just generally move on with your life. But in New York City, you may be able to get your record sealed and give yourself a clean slate. Here’s what you need to know.
What is Getting Your Record Sealed?
Getting your record sealed means the public can’t access it anymore. Most employers and landlords won’t see it. It’s like your arrest or conviction never happened. Pretty sweet deal if you can get it!
Who’s Eligible to Get Their Record Sealed?
There’s a few requirements you gotta meet:
- You were convicted of a crime in New York City, or arrested but not convicted
- It’s been at least 10 years since the end of your sentence (or 3 years if you weren’t convicted)
- You don’t have any pending criminal cases
- You’ve stayed out of trouble and not been convicted of anything else during those 10 years
There’s also a list of convictions that can’t be sealed, like violent felonies and sex offenses. But otherwise, as long as you meet the requirements, you can apply.
How Much Does it Cost?
It don’t cost nothing! The application fee is waived if you meet the income requirements. You just gotta fill out some paperwork and get it to the courts. We’ll go over that next.
What’s the Application Process?
Here’s what you gotta do:
- Get your rap sheet from the NY Division of Criminal Justice Services. This will show your entire criminal record in New York.
- Fill out the sealing application. You can get it at the courthouse or online here.
- Make copies of everything – the application, your rap sheet, certificates of disposition for any convictions, etc.
- File it all with the county clerk’s office in the county where you were arrested/convicted. You can mail it or drop it off.
That’s it! The DA’s office will review your application and make sure you’re eligible. Then a judge decides whether or not to grant it. You usually find out in a few months.
What Happens After it’s Sealed?
Once the judge approves it, your record is sealed for most purposes. Private background check companies can still see it, but employers, landlords, schools won’t. You can legally say you’ve never been convicted of that crime. But for stuff like gun permits and some government jobs, you still gotta disclose it.
Also important – your record is only sealed in New York State. If you got convictions elsewhere, those aren’t impacted.
What if My Application is Denied?
Don’t sweat it! You can reapply down the road. Or you can appeal the decision if you think it was a mistake. Talk to a lawyer about your options.
Should I Get a Lawyer?
You can apply for sealing on your own, but having a lawyer helps. They know the system and can make sure you do it right. If your record is denied, they can appeal or guide you on next steps. Shop around – fees vary.
Legal Aid Society offers free help for low income folks. Check if you qualify here.
What Else Should I Know?
Here’s some extra tips:
- Be patient – the process takes several months usually
- Don’t apply until you meet the time eligibility requirements
- Stay out of trouble while it’s pending
- If you move, update your address so you get notifications
- Get copies of everything before you submit your application
Whew, that’s a lot of stuff! The most important thing is checking if you’re eligible and getting that application submitted. It could really turn things around for you if you get approved. Good luck!