Author: Law Offices of David W. Haber
In the State of New York, a person currently convicted of a crime (misdemeanor or felony) will live with their criminal conviction for the rest of their life. A criminal conviction continues to haunt a person every time they apply for a job, especially if the job requires a particular license which cannot be granted to a person convicted of a crime, or, if the employment sought is with a government agency.
Although many other states allow for a person convicted of a crime to make an application to have their criminal conviction expunged and/or sealed, New York State currently provides no such relief. Once you are convicted of a Misdemeanor or a Felony in New York, you live with the consequences of the conviction forever. Until, possibly, now…..
The New York State Bar Association and its Record Sealing and Expungement Committee are fostering an effort to create a sealing provision for a person with a criminal record who has, after a suitable period of lawful living and rehabilitation, an interest in pursuing employment, licensing, housing, education and other benefits, without the stigma of a prior arrest or conviction. In other words..a second chance. 1
Expungement refers to the permanent destruction of a criminal record, the term “sealing” of the record is more appropriate due to an anticipated “spring back” provision. Under the proposed bills, the criminal convictions would be sealed and rendered inaccessible and protected unless and until an act of recidivism occurred which would cause the prior convictions to become unsealed. In other words, if a person who had a prior conviction sealed under the proposed legislation were to be arrested on new charges, the “spring back” provision would likely unseal the prior record and allow law enforcement agencies access to such convictions. Read More
As a former Assistant District Attorney, and now a criminal defense attorney, I see the pros and cons of instituting the proposed sealing provision. In the end, I believe that if a person convicted of most, but not all crimes, has stayed out of trouble for many years, they should be permitted to seek sealing of their record. A person convicted of a Petit Larceny misdemeanor when they were 20 years old should not be denied a job when they are 40 years old because of a conviction. At some point the Legislature must trust that a person is worthy of a second chance.
Please contact the Law Offices of David W. Haber if you have any questions regarding the potential legislature to seal criminal convictions, or, if you would like us to contact you if/when the legislature is enacted.
1 New York State Bar Association Sealing Committee Amended Report, December 2011.