In a nutshell, CPL Section 160.59 allows people with certain non-violent/non-sex offense convictions to apply for judicial sealing of their records after a ten year waiting period. The law also allows people with criminal records to apply for sealing for up to as many as two convictions, one of which may be a non-class “A”/non-sex offense/non-violent felony, while those who have been convicted of more than two crimes or more than two felonies are ineligible. The effect of the statute is to render records of convictions unavailable to the public and remove the stigma of having a criminal record after an apparent and demonstrable period of rehabilitation.

While we have personally expressed that the sealing statute did not go as far as it should have in truly expunging the records of low-level offenders, the reality is that passage of CPL 160.59 was unprecedented for the state of New York and has constituted a much needed step in the right direction towards giving people who makes mistakes a much needed second chance. As the Daily News reports, less than 1% of the estimated 600,000 people considered to be eligible for sealing under CPL 160.59’s have taken the opportunity to petition the Courts for help, unfortunately. We would like this to change by creating awareness of the laws passage.

In short, unless you have been convicted of a violent felony or a sex crime, you should absolutely apply to seal your old conviction. Remember, ten years have to have passed since entry of the conviction you wish to seal. As far as we have seen, sealing has been granted in cases involving drug sale and possession, grand larceny, petit larceny, and even misdemeanor weapons cases, to name a few. But – a motion has to be filed in the Courthouse where the person was convicted since the law has no automatic effect on old convictions!

If you have a criminal conviction which is older than ten years, call us. We should be able to tell you very quickly, depending on the amount of information you have about the case, whether you are eligible for sealing. Once we’ve determined if you are eligible, we will walk you through the process of filing a formal motion in the Courts, and preparing for a possible hearing on your behalf.

If you have been convicted of any of the following offenses (just to name just a few) then you are likely eligible and should contact us about filing a sealing petition on your behalf:

• Petit Larceny and Grand Larceny;
• Forgery/Criminal Possession of a Forged Instrument;
• Misdemeanor or Felony Drug Possession/Sale;
• Knife or non-firearm weapons possession;
• Assault in the Third Degree;
• Obstructing Governmental Administration;
• Resisting Arrest;
• Criminal Mischief (or other property damage);
• Making Graffiti, Possession of Graffiti Instruments or other crimes involving vandalism;

This list is obviously not exhaustive, but represents most of the offenses for which sealing has been granted upon proper motion to the Courts.

If you or a loved one would like help in sealing an old criminal conviction, you should contact us. CPL 160.59 is too important to be ignored. And spread the word – there are too many people out there who are deserving of a second chance who aren’t aware of/taking advantage of the law.

• People with criminal records will soon be able to apply for sealing for as many as two convictions, one of which may be a felony, except that sealing will not be available for convictions involving most sex offenses, and class “A” and violent felonies. CPL § 160.59(2)(a);
• Anyone convicted of more than two crimes, or more than two felonies, will be ineligible. CPL § 160.59(3), as will those against whom any charges are pending. CPL § 160.59(5);
• Sealing will become available after a 10 year waiting period. In other words, you’ll have to wait 10 years, counted from the date of the imposition of sentence, or the date of release from the latest period of incarceration; before you can file an application to expunge any records. CPL § 160.59(5);
• Once granted, sealing will render any records of conviction unavailable to the public, although they will remain available to law enforcement and some licensing agencies.

How can I get my records sealed?

Those eligibe under CPL § 160.59 will be required to make a formal application before the sentencing judge and possibly conduct a hearing where the District Attorney will be entitled to object. The application will be fairly detailed and will require an attorney to submit sworn allegations in support of sealing as well as prepare to rebut any information the prosecuting attorney submits in opposition to sealing.

Once the evidence is submitted, the Court will then weigh the following factors in determining whether or not to grant the application:

(a) the amount of time that has elapsed since the defendant’s last conviction;

(b) the circumstances and seriousness of the offenses for which the defendant is seeking relief, including whether the arrest charge was not an eligible offense;

(c) the circumstances and seriousness of any other offenses for which the defendant stands convicted;

(d) the character of the defendant, including any measured that the defendant has taken toward rehabilitation, such as participating in treatment programs, work, or school, and participating in community service or other volunteer programs;

(e) any statements made by the victim of the offense for which the defendant is seeking relief;

(f) the impact of sealing the defendant’s record upon his or her rehabilitation and upon his or her successful and productive reentry and reintegration into society;

(g) the impact of sealing the defendant’s record on public safety and upon the public’s confidence in and respect for the law.

What exactly does sealing mean?

If granted, sealing will mean that all “official records and papers relating to the arrests, prosecutions, and conviction, including all duplicates and copies thereof, on file with the division of criminal justice services or any court shall be sealed and not made available to any person or public or private agency.” CPL §160.59(8). The most obvious benefit will be that background checks run by prospective employers will yield negative results, effectively wiping the criminal conviction from the person’s record.

Sealing under § 160.59 will not be without exception, however, as the following entities will still be able to access records: courts, corrections agencies, the office professional medical conduct, federal and state law enforcement agencies, agencies with discretion to issue firearm licenses, those screening individuals for police/peace officer employment, and the Federal Bureau of Investigations in the context of firearms background checks. CPL 160.59(9).

The enactment of CPL § 160.59 is a huge breakthrough for New York. For the first time, people with criminal records will have the opportunity to wipe their record clean and start fresh; they’ll be able to say confidentally that they have no criminal record, and most background checks will confirm as such. While the manner in which Judges exercise their discretion in response to sealing requests remains to be seen, it is apparent that a comprehensive legal effort made by an experienced criminal attorney will be required, since prosecutors are expected to push back heavily against most requests. In other words, applicants should prepare for some litigation in court, a relatviely small price to pay to cleanse a criminal record.

While CPL § 160.59 sealing will not be available until October, those who will be eligible at that time should not hesitate to consult an experienced attorney as soon as possible in order to begin gathering and preparing the required documents and crafting applications. The attorneys at The Law Office of Matthew Galluzzo are already looking into the state, federal and potential immigration ramifications of this new law and how it will affect all of our clients, both new and old.

If you or a loved one wish to seal your criminal record, contact us immediately.