Having a criminal record can drastically alter the course of an individual’s life, putting obstacles in the path of employment and higher quality of life. Mistakes made in the past can become an anchor holding them down and preventing them from starting fresh. However, hope is not lost for those grappling with the effects of a criminal record.
Obtaining an order of nondisclosure from the courts may help the individual reclaim some semblance of normalcy by sealing criminal records. Sealed criminal records do not need to be mentioned by the applicant for a tenancy or job application, allowing them to continue with their lives. Sealed records are still available to the government, but an order of nondisclosure may help remove obstacles in the individual’s personal life.
For more information on the benefits of an order of nondisclosure, consider speaking with a skilled criminal law attorney from The Law Office of Benjamin Greenwald. Schedule a consultation by calling the office at (845) 567-4820.
What Are Orders of Nondisclosure?
Criminal records are allowed to be sealed under N.Y. Crim. Proc. Law § 160.59, which states that certain eligible convictions may be sealed after a set amount of time. At this time, the applicant will receive an order of nondisclosure, which prevents disclosing details or information about the relevant cases. This effectively protects the individual from being required to divulge information about their past criminal history on documents such as job or tenancy applications.
This protection may be able to provide a higher standard of living for the individual by improving their chances of finding a well-paying job and simplifying the pursuit of housing arrangements. However, an order of nondisclosure does not expunge one’s criminal record, and government agencies will still have access to it.
Determining Eligibility for Nondisclosure
Before pursuing an order of nondisclosure, the applicant may want to first evaluate their eligibility. In the state of New York, certain criminal offenses are not eligible to be sealed and some individuals are forbidden from applying for an order of nondisclosure altogether.
In general, individuals are eligible to apply when they have no more than two misdemeanor convictions that are at least 10 years old. Some people may be able to apply when they have more than two offenses, provided specific offenses have been expunged or multiple offenses were related to the same incident. If the applicant is required to register as a sex offender or if they have current cases pending expungement, they may be able to file for an order of nondisclosure.
For more information on the various restrictions on potential applicants, consider speaking with a skilled criminal law attorney from The Law Office of Benjamin Greenwald.
How to File For an Order of Nondisclosure
Sealing of records is not guaranteed to every applicant, and the process for seeking out an order of nondisclosure can be complex. The applicant must request a Criminal Certificate of Disposition from the New York Court System, compile relevant documents, attend a court hearing, and present a compelling case to the courts on why these records should be sealed.
Once the applicant has served the district attorney’s office and filled out the relevant forms and applications, they must present a case with clear documentation to convince the courts to seal the records. Understanding the state laws and arguments that apply to these cases can be a significant help in securing an order of nondisclosure.
Challenges to Getting an Order of Nondisclosure
However, there may be challenges for those individuals trying to seal their criminal records. The sealing of these records is not a normal process of the courts that is simply being expedited by an order of nondisclosure, but a deviation from the norm that the individual must advocate for. This may involve collecting relevant documentation to prove rehabilitation, navigating state laws and legal codes, and filing petitions to the court.
In addition, the eligibility requirements to qualify for an order of nondisclosure may exclude certain offenses or people entirely. Many felonies are restricted by law from being sealed, and individuals with multiple convictions may be ineligible. Those with pending criminal cases may be likewise restricted.
Benefits of Having an Order of Nondisclosure
The benefits of a nondisclosure order, however, may be worth the effort. While an individual’s criminal record is not erased by an order of nondisclosure, as government agencies will still have access to the records, it provides a much higher level of freedom for the applicant.
Employers and housing agencies will not be able to see sealed criminal records, and the individual is allowed to omit information regarding the sealed convictions. The only individuals allowed to access these records are the individual or their representative, qualified agencies acting within the scope of their law enforcement duties, firearm license issuers, and employers if applying for a job as a police or peace officer.
Frequently Asked Questions
Listed below are some of the frequently asked questions regarding orders of nondisclosure.
How Long Do I Have to Wait to File for an Order of Nondisclosure?
For most convictions, the individual must wait at least ten years from either the date of their conviction or the date of their release from incarceration, whichever is later. Time spent on probation or parole does count toward this ten-year delay, though a violation of probation may complicate the matter.
What is the Difference Between a Nondisclosure Agreement (NDA) and a Nondisclosure Order?
Due to the similarity in terms, many people may conflate orders of nondisclosure with a nondisclosure agreement. While the functions of these are similar, they differ in process. An order of nondisclosure is issued by the court and enforced by its authority, preventing sensitive details from being divulged. A nondisclosure agreement, or NDA, is a contract between two parties that is willingly entered by the signer.
Contact a New York Criminal Law Attorney Today
Living with the burden of a criminal record can be challenging, aggravating life’s complexities and often leading to frustration. Sealing convictions with an order of nondisclosure may be a pathway to improved quality of life without worry over employment prospects and the consequences of past actions. However, the process of obtaining one may be fraught with legal difficulties. A skilled criminal law attorney from The Law Office of Benjamin Greenwald may be able to help clarify the details of a record-sealing case. Consider scheduling a consultation by calling the office at (845) 567-4820 for more information.
