Searching for a Nassau County expungement lawyer? New York does not offer true expungement of adult criminal convictions. However, under New York Criminal Procedure Law §160.59 (CPL §160.59), certain individuals may apply to have up to two convictions sealed after remaining crime-free for at least ten years. At The R.M.L. Law Firm, PLLC, our experienced Long Island criminal defense lawyers help residents across Long Island navigate the process of applying to seal their criminal records. If you’ve remained crime-free for a significant period, you may qualify for this opportunity to reset your life.
What Does Sealing a Criminal Record Mean in Long Island?
Sealing your criminal record means the conviction is hidden from public view. Employers, landlords, and most other entities conducting background checks will no longer see the sealed conviction. However, certain agencies, such as law enforcement and immigration officials, will still have access to the record.
For residents of Nassau County and Suffolk County, sealing a record can offer relief from the lasting impact of a conviction. It’s a way to reclaim privacy, improve opportunities, and leave past mistakes behind.
New York’s Sealing Law: How Can Long Islanders Apply?
New York’s criminal record sealing law, under CPL §160.59, enacted in 2017, allows eligible individuals to apply to seal up to two criminal convictions. However, not all convictions qualify. Understanding the rules is an important first step.
Eligibility Requirements
To qualify for sealing under CPL §160.59, individuals must meet several eligibility requirements.
- Ten Years Without Further Offenses:
- You must have avoided new convictions for at least 10 years.
- The 10-year period begins from your last conviction or release from incarceration, whichever is later.
- Number of Convictions:
- You can request to seal up to two convictions:
- Two misdemeanors, or
- One felony and one misdemeanor
- If you were convicted of multiple offenses in a single incident, the court may treat them as one conviction.
- No Current Criminal Charges:
- You cannot have any ongoing criminal cases or pending charges.
- Court Approval:
- Even if you meet the criteria, the court decides whether your record will be sealed.
Criminal Convictions That Cannot Be Sealed in New York
Not every conviction qualifies for sealing under New York law. Certain offenses are permanently excluded, regardless of how much time has passed.
Convictions that generally cannot be sealed include:
Sex Offenses
Many sex-related crimes are not eligible for sealing, including offenses such as rape, criminal sexual act, sexual abuse, course of sexual conduct against a child, and crimes involving sexual performances by a child. Any conviction that requires registration as a sex offender is also ineligible for record sealing.
Homicide and Related Offenses
Crimes involving homicide or the death of another person cannot be sealed. This includes offenses such as manslaughter, criminally negligent homicide, aggravated manslaughter, and murder.
Class A Felonies
New York law does not allow Class A felony convictions to be sealed. These are the most serious criminal offenses under the Penal Law.
Certain Violent Felonies
Many violent felony offenses are also excluded from sealing eligibility. These can include crimes such as robbery in the first degree, burglary in the first degree, kidnapping, arson, serious assault offenses, and certain firearm-related crimes.
Attempted Versions of Certain Violent Felonies
Even an attempt to commit some violent felonies may make the conviction ineligible for sealing. Attempted crimes often appear on a Certificate of Disposition with “PL §110” before the Penal Law section number.
Because eligibility can depend on the exact statute and charge level, reviewing your Certificate of Disposition is an important first step before filing a motion to seal your record.
An experienced Nassau County expungement lawyer can review your convictions and determine whether they qualify under New York’s sealing law.
Why You Should Speak With a Nassau County Record Sealing Lawyer
Sealing your record can change your life in several ways:
- Improved Job Prospects: Many employers in Nassau County and Suffolk County conduct background checks. Sealing your record removes the conviction from their view, helping you compete for better positions.
- Better Housing Options: Landlords often reject applicants with criminal records. Sealing your conviction can help you secure housing in competitive markets.
- Career Advancement: Some professions, such as healthcare, education, and finance, require background checks. A sealed record can open doors in these fields.
- Renewed Confidence: Knowing your record is no longer public can help you focus on the future without lingering worries about the past.
What to Expect When You Hire a Nassau County Expungement Lawyer to Seal Your Record
The process of sealing a conviction in New York involves several steps. It’s important that your expungement lawyer follow these steps carefully, especially if your case originated in Nassau County or Suffolk County.
- Prepare and File a Motion
- A motion is a formal request to the court asking for your record to be sealed. This document should explain your conviction, your efforts to turn your life around, and why sealing your record serves justice.
Where a Motion to Seal Must Be Filed in New York
New York requires sealing motions to be filed in a specific court. It is important not to file the same motion in multiple courts.
If you are seeking to seal two convictions, the motion must be filed in the court where the most serious conviction occurred.
If both convictions are the same level of offense, such as two Class A misdemeanors or two Class B misdemeanors, the motion must be filed in the court where the most recent conviction was entered.
Because many Long Island residents have convictions from different courts in Nassau County, Suffolk County, or New York City, determining the correct court to file in is an important first step in the sealing process.
- Notify the District Attorney’s Office
- You must inform the District Attorney’s Office in the county where your conviction occurred:
- For Nassau County convictions, notify the Nassau County District Attorney’s Office.
- For Suffolk County convictions, notify the Suffolk County District Attorney’s Office.
- Court Review and Possible Hearing
- Once the motion is filed, the court will review your case. In some cases, a hearing is scheduled to allow you and your attorney to present evidence supporting your request. The District Attorney’s Office may also provide feedback.
- Final Decision
- The judge will consider factors such as your rehabilitation, the nature of your conviction, and your contributions to society. If approved, your record will be sealed, making it inaccessible to the public.
How a Nassau County Expungement Lawyer Can Help Seal Your Long Island Conviction Record
The procedures for record sealing can differ by county. Courts in Nassau County and Suffolk County each have their own rules and expectations.
At The R.M.L. Law Firm, PLLC, our expungement attorney knows the ins and outs of these Long Island courts. We work closely with clients to prepare strong applications that reflect their rehabilitation and readiness to move forward.
How Judges Decide Whether to Seal a Criminal Conviction in New York
Meeting the eligibility requirements does not automatically mean a conviction will be sealed. Judges in Nassau County and throughout New York must decide whether sealing a record serves the interests of justice.
When reviewing a motion to seal a criminal conviction, courts often consider several important factors.
Evidence of Rehabilitation
Judges want to see that you have taken meaningful steps to move forward since your conviction. This may include maintaining steady employment, completing educational programs, or staying actively involved in your community.
The Seriousness of the Original Offense
The court will review the nature of the conviction and the circumstances surrounding the offense. Less serious crimes may be more likely to be sealed than offenses involving significant harm.
Employment and Personal Progress
Proof that you have maintained stable employment or improved your life circumstances can strengthen a sealing application. Pay stubs, letters from employers, or proof of professional training can demonstrate positive progress.
Community Involvement and Character
Letters of support from family members, employers, clergy, or community leaders can help show the court that you have become a productive and responsible member of society.
Impact on Victims
If a victim was involved in the original case, the court may consider their position and whether sealing the conviction would negatively affect them.
Because judges weigh many different factors, preparing a strong motion supported by documentation and personal statements can significantly improve the chances of success.
Illustrative Examples of Sealing Long Island Criminal Convictions
- Successful Sealing in Nassau County
Maria, a Nassau County resident, had two misdemeanor convictions—petit larceny and drug possession—on her record. After maintaining a crime-free life for over a decade, she sought to have her criminal record sealed. With expert legal assistance, Maria’s sealing application was granted, helping her secure better job opportunities and more stable housing.
- A Fresh Start for Michael in Suffolk County
Michael, living in Suffolk County, had been convicted of petit larceny and drug possession over ten years ago. He remained out of trouble since serving his sentences and met all the criteria for sealing his record. The court approved his application, clearing his criminal convictions from public view and significantly improving his prospects for better housing and employment.
- Turning a New Page in Nassau County
David, a resident of Hempstead in Nassau County, had a single felony conviction for attempted criminal possession of stolen property from more than ten years ago. After completing his sentence, David stayed out of trouble and focused on rebuilding his life. He maintained steady employment, supported his family, and became active in his local community.
These examples demonstrate how sealing criminal convictions can provide individuals with the opportunity for a fresh start, improving their chances for employment, housing, and career advancement.
Frequently Asked Questions about Sealing Long Island Conviction Records
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Can I expunge my criminal record in New York?
Technically, New York does not allow expungement of adult criminal convictions. However, the state does offer a process called criminal record sealing, which removes eligible convictions from public view. This process is governed by New York Criminal Procedure Law §160.59, which allows certain convictions to be sealed after a ten-year waiting period. At The R.M.L. Law Firm, PLLC, we help Long Island clients seal their records and move forward with a clean slate.
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Can violent crimes be sealed?
No, violent felonies, Class A felonies, and certain other offenses like sex crimes cannot be sealed under this law.
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What if I have more than two convictions?
If your convictions arose from the same incident, the court may treat them as one. Otherwise, you might not qualify.
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How long does the sealing process take?
It usually takes several months from filing the motion to the court’s decision.
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Is hiring an attorney necessary?
While not required, having a lawyer improves your chances of success by ensuring your application is complete and persuasive.
- Will sealed records show up on background checks?
No, sealed records are hidden from most background checks. However, certain agencies, like law enforcement and immigration officials, may still access them.
Start Your Journey Toward Sealing Your Long Island Criminal Record
At The R.M.L. Law Firm, PLLC, we specialize in helping clients throughout Nassau County and Suffolk County seal their criminal records and unlock new opportunities. With our expertise in criminal record sealing, we guide you through every step of the process to ensure the best possible outcome.
Contact us for a free consultation to learn how we can assist you in sealing your criminal record. Let us help you take control of your future and move forward with confidence.
