When an individual possesses a criminal record, this can make it challenging for them to become a productive member of society upon release, as they can struggle to find work, obtain licenses, secure housing, or take up educational opportunities. However, New York does permit the sealing of certain convictions but generally not expunctions (with the exception of marijuana-related offenses). Find out whether a person who enters a plea to a felony can obtain an expunction or seal their criminal record in New York, and discover how The Law Office Of Benjamin Greenwald can assist those with criminal records; call (845) 567-4820 today to speak to an experienced New York criminal law attorney.
What Does Entering a Plea to a Felony Mean?
A felony in New York is typically a serious criminal offense carrying a jail sentence of one or more years in a state prison, including offenses with non-mandatory jail sentences and offenses with possible life sentences. By contrast, a misdemeanor is a less serious offense, typically with a maximum jail sentence (in a local prison) of 12 months or less. Those facing felony offenses typically undergo an arraignment, described as the initial step in court proceedings by the New York State Unified Court System, where the defendant attends court and stands before a judge.
During this process, the defendant learns about the charges they are facing and their legal rights. Once the defendant has legal counsel, they may enter a not-guilty or guilty plea (effectively, a response to the charges), but before this, plea bargaining may occur, which involves the prosecutor and defense counsel discussing the potential of a settlement without the need for a trial. In the event of a guilty plea, the court determines an appropriate punishment (sentencing), and if they enter a not-guilty plea, the court sets a trial date.
What Is the Difference Between Sealing a Criminal Record and Getting an Expunction?
Expungements refer to the complete erasing of a criminal conviction, with the legal system treating it as if the offense never occurred, allowing an individual who obtains an expungement to say they have never received a criminal conviction. If a person with an expungement receives a further criminal conviction, law enforcement agencies cannot use the expunged conviction as a basis to enhance sentencing for the additional conviction since they do not have access to this record. A judge is the only party who can order an expungement.
Conversely, sealing a record refers to making it unavailable for the public to see, meaning the conviction continues to exist but does not show up on background checks for education, housing, employment, and other purposes. Similar to expungements, only judges may order this process, and an individual permitted a sealed criminal record may claim they have not received a criminal conviction. However, unlike expungements, if a person with a sealed criminal record receives an extra conviction, law enforcement agencies may use that record as a basis for enhancing sentencing, and other authorities, like firearm licensing agencies, may also access the sealed record when conducting background checks.
Can You Expunge a Felony in NY?
Per the New York State Unified Court System, New York only permits the expungement of specific marijuana offenses. For example, the felony offense of criminal possession of marijuana in the second degree is eligible for automatic expungement, meaning an individual does not have to file any motion or pay fees to obtain it.
Gain more information about whether someone who enters a plea for a felony can obtain an expunction or seal their record in New York by reaching out to a seasoned New York criminal law attorney. Arrange a confidential consultation today with The Law Office Of Benjamin Greenwald.
Can You Seal Felonies in New York?
CPL 160.59 enables individuals in New York to seal felonies (a maximum of one) that are not serious felonies, violent felonies, or sex offenses after 10 years, as well as drug-related felonies eligible under CPL 160.58. Here is an explanation of the eligibility for sealing these types of felonies and how to apply.
After 10 Years
Individuals wishing to seal their records under CPL 160.59 have to file an application with the court, and if successful, only federal and state law enforcement and other qualified agencies can view the criminal convictions (Immigration may view the sealed convictions of non-United States citizens). To be eligible, applicants must have committed no offenses for a minimum period of 10 years from the conviction/release date (whichever is later), have no pending cases against them, and have no more than one misdemeanor and one felony on their record.
However, applicants with over two convictions could be eligible if the convictions relate to a particular incident, resulting in multiple convictions for that event. Worth noting is that expunged marijuana offenses are an exception to these criteria since the court treats these as having never occurred. The steps for applying to seal these records are as follows:
- Ask the court for a Criminal Certificate of Deposition, complete the form (one for each offense the applicant wants to seal), bring it to court, and pay the filing fee.
- Once the applicant has received this certificate, and prior to filing in court, the applicant should complete a Sealing Application, make copies of this document, and submit this, along with their certificate, to the District Attorney’s Office either in person or via mail (if the application concerns multiple convictions spanning across different counties, the applicant must forward copies to each District Attorney corresponding to these locations).
- After sending/delivering the papers to the District Attorney, the mailing/delivering party must complete an Affidavit of Service and sign this in the presence of a notary public (if serving multiple District Attorneys, repeating this process for each serving of papers is necessary).
- Before submitting, the applicant may want to consider making copies of the application and certificate for their own records.
- The applicant can then submit their Sealing Application in court, which requires signing in the presence of a notary public, and provide evidence of rehabilitation and the Criminal Certificate of Deposition (this incurs no filing fee).
- Note that the applicant must file these papers with the court that handled their most serious conviction or, in the event of several similar convictions, the court that dealt with the most recent one.
- If the court approves the application, they issue the applicant a Seal Order, which seals their criminal record.
Drug-Related Offenses
Those convicted of specific drug-related felonies (such as marijuana and other controlled drug-related offenses) may request that the court seal these records, provided they have completed a recognized drug treatment program, finished their sentence, and have no pending criminal charges against them. This is not an automatic process, requiring the filing of a motion (outlining how the individual has changed following treatment and conviction), attending court, and presenting arguments in front of a judge. If the judge grants the request, the court conditionally seals the felony, meaning if the person faces additional charges in the future, they become unsealed (these become resealed in the event of a positive result for the arrested party).
Book a Consultation With an Experienced New York Criminal Law Attorney Today
Individuals with a criminal past who have abided by the law and have acted responsibly for several years can use the process of sealing their criminal record to start afresh. To get help with filing an effective application, consider speaking to a knowledgeable New York criminal law attorney. For additional information concerning record sealing for those who enter a plea to a felony, and getting an expunction for lesser offenses, contact The Law Office Of Benjamin Greenwald today at (845) 567-4820.
