Is a Criminal Record Permanent in New York Law?

If you're wondering whether a criminal record is permanent in New York, you're not alone. Many of our clients come to us with this exact question, worried about how a past mistake might impact their future. The good news is that in many cases, a criminal record does not have to be permanent in New York. However, the process of sealing or expunging a record can be complex. That's where we come in.At Spodek Law Group, we have extensive experience helping clients navigate New York's laws around criminal records. We understand how stressful and overwhelming it can be to deal with a criminal record hanging over your head. Our compassionate attorneys are here to guide you through your options and fight for the best possible outcome in your case.

Understanding Criminal Records in New York

Before we dive into whether a criminal record is permanent, it's important to understand what exactly constitutes a criminal record in New York. A criminal record, also known as a RAP sheet (Record of Arrests and Prosecutions), contains information about your arrests, charges, and convictions. This can include:

• Arrests (even if charges were later dropped)
• Criminal charges filed against you
• Convictions for violations, misdemeanors, and felonies
• Sentences and penalties imposed

It's crucial to note that in New York, arrests that did not lead to a conviction should not appear on most background checks. However, law enforcement agencies and some employers may still have access to sealed arrest records.

Are Criminal Records Public in New York?

Many of our clients are surprised to learn that criminal records are generally considered public information in New York. This means that potential employers, landlords, or even nosy neighbors could potentially access information about your criminal history.However, there are some important limitations:

• Sealed records are not publicly accessible
• Juvenile records are confidential
• Certain conviction records may be eligible for sealing after a waiting period

Even with these protections, having a criminal record can still create significant barriers in your life. That's why it's so important to explore your options for sealing or expunging your record if possible.

Options for Clearing Your Criminal Record in New York

Now for the big question - is a criminal record truly permanent in New York? The answer is: not necessarily. New York law provides several potential avenues for clearing your criminal record, including:

1. Sealing of Records

Record sealing is one of the most common ways to clear a criminal record in New York. When a record is sealed, it becomes confidential and is no longer accessible to the public. However, it's important to understand that sealed records are not completely erased - they can still be viewed by law enforcement agencies and may be considered in future criminal proceedings.Under New York's Clean Slate Act, which takes effect in November 2024, many conviction records will be automatically sealed after a certain waiting period. However, until the law is fully implemented, you'll need to petition the court to have eligible records sealed.

2. Expungement

Unlike some other states, New York does not have a true expungement process that completely erases a criminal record. However, the sealing process available under CPL 160.59 is sometimes referred to as "expungement" because it provides similar benefits by making the record inaccessible to the public.

3. Certificates of Relief from Disabilities and Good Conduct

While these certificates don't remove a conviction from your record, they can help restore certain rights and remove some barriers created by a criminal record. They essentially serve as evidence of rehabilitation.

4. Pardons

In rare cases, the governor of New York may grant a pardon that forgives a conviction. While this doesn't erase the record, it can be powerful evidence of rehabilitation.

Eligibility for Record Sealing in New York

Not all criminal records are eligible for sealing in New York. The eligibility criteria can be complex, but here are some general guidelines:

• You can have up to two misdemeanor convictions OR one felony conviction and one misdemeanor conviction sealed
• At least 10 years must have passed since your last conviction
• Certain serious offenses, including sex crimes and violent felonies, are not eligible for sealing
• You cannot have any pending criminal charges

It's important to note that even if you meet these basic criteria, sealing is not guaranteed. The court will consider factors like the nature of the offense, your criminal history, and evidence of rehabilitation.

The Process of Sealing a Criminal Record in New York

If you're eligible for record sealing, the process typically involves the following steps:

1. Obtain a copy of your criminal record
2. File a motion with the court where you were convicted
3. Serve notice to the District Attorney's office
4. Attend a hearing (if required)
5. Receive the judge's decision

While this might sound straightforward, the reality is that the process can be quite complex and time-consuming. That's why many of our clients choose to work with an experienced attorney who can guide them through each step and advocate on their behalf.

The Impact of New York's Clean Slate Act

The passage of New York's Clean Slate Act in 2023 marks a significant shift in how the state handles criminal records. Once fully implemented (expected by 2027), this law will provide for automatic sealing of many criminal records. Here's what you need to know:

• Misdemeanor convictions will be automatically sealed after 3 years
• Felony convictions will be automatically sealed after 8 years
• Certain serious offenses, including sex crimes and Class A felonies, are not eligible for automatic sealing
• The waiting period begins after release from incarceration or completion of community supervision

While this law represents a major step forward, it's important to note that it doesn't take effect immediately. Until the automatic sealing process is in place, individuals will still need to petition for sealing under existing laws.

The Importance of Legal Representation

Navigating New York's laws around criminal records can be challenging, to say the least. That's why having an experienced attorney on your side can make all the difference. At Spodek Law Group, we bring decades of experience to every case. Here's how we can help:

• Evaluate your eligibility for record sealing or other relief
• Guide you through the complex legal process
• Prepare and file all necessary paperwork
• Represent you at hearings
• Advocate for your interests every step of the way

Remember, while a criminal record doesn't have to be permanent in New York, taking action to clear your record often requires legal expertise. Don't leave your future to chance - reach out to us today for a consultation.

Frequently Asked Questions

To help you better understand this complex topic, here are answers to some questions we frequently hear from our clients:Q: How long does a criminal record last in New York?A: Without intervention, a criminal record can last indefinitely in New York. However, many records are eligible for sealing after a waiting period of 10 years from the date of conviction or release from incarceration.Q: Can I get a job with a criminal record in New York?A: Yes, it is possible to get a job with a criminal record in New York. The state has laws that protect individuals with criminal records from discrimination in employment. However, having a sealed record can certainly make the job search easier.Q: Will my juvenile record show up on a background check in New York?A: In most cases, juvenile records are automatically sealed in New York and will not show up on standard background checks. However, they may still be accessible to certain government agencies and law enforcement.Q: Can I own a gun with a criminal record in New York?A: New York has strict gun laws, and many criminal convictions can result in the loss of gun ownership rights. Even if your record is sealed, certain convictions may still prevent you from legally owning a firearm.Q: How much does it cost to seal a criminal record in New York?A: The cost of sealing a criminal record can vary depending on the complexity of your case and whether you choose to work with an attorney. At Spodek Law Group, we offer transparent pricing and flexible payment options to make legal representation accessible.

The Spodek Law Group Difference

When it comes to dealing with criminal records in New York, experience matters. At Spodek Law Group, we've helped countless clients navigate the complex process of clearing their records and moving forward with their lives. Here's what sets us apart:

• Extensive Experience: Our attorneys have decades of combined experience in criminal law and record sealing.
• Personalized Approach: We understand that every case is unique, and we tailor our strategies to your specific situation.
• Compassionate Representation: We know how stressful dealing with a criminal record can be, and we're here to support you every step of the way.
• Proven Results: We have a track record of successfully helping clients seal their records and overcome the barriers created by past convictions.

Don't let a criminal record hold you back any longer. Contact Spodek Law Group today at 212-300-5196 to schedule a consultation and learn how we can help you move forward.

Conclusion

While a criminal record can feel like a permanent burden, New York law does provide options for clearing your record in many cases. From record sealing to certificates of relief, there are pathways to move beyond past mistakes and build a brighter future.However, navigating these options can be complex and challenging. That's why having an experienced attorney on your side is so crucial. At Spodek Law Group, we're committed to helping our clients understand their options, navigate the legal process, and fight for the best possible outcome.Remember, your past doesn't have to define your future. If you're ready to take control of your criminal record and explore your options for a fresh start, we're here to help. Contact Spodek Law Group today at 212-300-5196 to schedule a consultation. Let us put our experience and dedication to work for you.