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Manhattan Expungement Lawyer
Manhattan Expungement Attorney
In New York, having a criminal record, even for a minor conviction, can create a chain of obstacles that impacts New Yorkers well after they serve time. These barriers can make it hard to find a job, rent a home in Manhattan’s competitive housing market, and even get an education. If you’re struggling with the long-term consequences of a past conviction, getting a dedicated Manhattan expungement lawyer is the first step toward moving beyond the stigma of your past.
Understanding New York’s Sealing Laws
First, New York State doesn’t use the word “expungement” the same way some other states do. Instead, the law has different options for sealing criminal records and making them unavailable to most private employers and the public.
This is important considering that, in a 2022 survey, 53% of respondents were asked about a criminal record during a job interview. Similarly, 43% of respondents reported that background checks were conducted before the interview.
Job applicants with a criminal record may feel less likely to receive a callback for an interview. An experienced Manhattan expungement attorney, such as a professional from The Vitaliano Law Firm, knows how to navigate the specific provisions of the Criminal Procedure Law to identify your ideal path forward.
According to CPL 160.50, your entire record for an arrest automatically gets sealed if you are acquitted, your charges get dismissed, or your case involves certain youthful offender adjudications. This means the records are generally unavailable to anyone other than law enforcement and certain other agencies. This immediate sealing is a powerful protection for those who were wrongfully charged or could successfully defend their case in New York County Criminal Court on Centre Street.
For individuals convicted of certain crimes, expungement laws allow for the sealing of up to two non-violent misdemeanor or felony convictions after a waiting period. This provision gives thousands of New Yorkers a second chance. You can qualify if the following are true in your case:
- It’s been 10 years since the date you were convicted or released from incarceration, whichever is later.
- You don’t have any pending criminal charges.
- You haven’t been convicted of any new crimes during the 10-year period.
The Critical Difference: Sealing vs. Expungement
When a record gets sealed, it’s essentially locked away, meaning it’s hidden from the public and most employment background checks. Expungement, by contrast, implies that the record gets physically destroyed or completely erased.
A dedicated Manhattan expungement attorney, such as a professional from The Vitaliano Law Firm, can clearly explain how the sealing process impacts your life. A member of our team, well-versed in state statutes and local procedures, can also discuss with you what information remains accessible to certain entities, such as licensing agencies or law enforcement.
Our founding attorney, Michael Vitaliano, has years of experience as a prosecutor and defense attorney. Having worked on both sides of the law, he knows how to interact with the court system and achieve fair outcomes for clients.
Hire a Manhattan Expungement Lawyer
The process of having records sealed under CPL 160.59 isn’t automatic. It requires filing a formal motion and affidavit with the court where the conviction occurred, such as the Supreme Court of the State of New York in Manhattan. It’s essential to hire an expungement lawyer because of the complexity of these requirements and the mandatory involvement of the District Attorney’s Office, which often opposes expungement motions. A qualified lawyer can do the following:
- Thoroughly review your criminal history to confirm that your offenses are eligible for sealing
- Collect and submit proof that you’ve changed for the better and are involved in your community in positive ways
- Prepare a detailed legal argument against any opposition filed by the District Attorney’s Office or the Office of the Special Prosecutor, making sure that the court gets a complete idea of your reform and dedication to your community
FAQs
Can Some Agencies Still Access a Sealed Conviction Record in New York?
Law enforcement, certain professional and occupational licensing boards, and the Department of Corrections are some of the agencies that can still access a sealed conviction record in New York. While CPL 160.59 seals a conviction from the public and most employers, it’s not a total erasure. Applicants must often disclose the conviction to these entities. This is the critical difference between sealing and true expungement.
What Is the Limit on the Number of Convictions You Can Have Sealed in New York?
The limit on the number of convictions you can have sealed in New York is two. A person can have up to two non-violent misdemeanor or felony convictions sealed. However, only one of those sealed convictions may be a felony. An expungement lawyer knows how to file the formal motion and affidavit with the court.
What Felonies Cannot Be Expunged in New York?
Many serious felonies cannot be expunged or sealed in New York. The felonies that aren’t eligible for concealment include violent felony offenses, as well as crimes related to the integrity of the voting process or public office. Additional ineligible crimes include those related to sexual misconduct and those that require a person to register as a sex offender.
Are You Still a Felon After Seven Years in New York?
Yes, you are still a felon after seven years in New York. Being a felon is determined by the classification of the conviction itself, which does not change based on the amount of time that passes. However, after 10 years, you may qualify for having your felony conviction record sealed, which would significantly limit who can access information about it.
Begin Your Expungement Case Today
Having a skilled Manhattan expungement attorney as your ally, working for your freedom and future, is the key to a successful outcome. Don’t let any mistakes or misunderstandings dictate what opportunities you have in New York City.
Reach out to The Vitaliano Law Firm for a fair chance at rebuilding your life. At our firm, we provide a confidential consultation, in which we can listen to your story, evaluate your eligibility, and begin your expungement case.
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About us
An accomplished legal advocate, Michael E. Vitaliano is the founder and principal of The Vitaliano Law Firm, based in New York City. Mr. Vitaliano is a leading criminal defense lawyer and experienced advocate in handling all criminal matters in state and federal court.
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