Records Approved for Sealing Will Be Available for Law Enforcement Purposes
Governor Andrew M. Cuomo today announced that a provision in the state's landmark Raise the Age law - allowing individuals who have remained crime-free for 10 years to request that certain New York State convictions be sealed - takes effect tomorrow, Saturday, October 7. The change is a result of Governor Cuomo's ongoing efforts to eliminate unnecessary barriers to opportunity and employment that formally incarcerated individuals face and to improve the fairness and effectiveness of the state's criminal justice system.
"Law-abiding New Yorkers should not be forever branded with the stigma of a non-violent criminal conviction when they have turned their lives around," Governor Cuomo said. "This provision of the landmark Raise the Age law will help eligible people of all ages turn the page and increase public safety by helping to end the vicious cycle of recidivism once and for all."
The new provision allows eligible individuals to petition the court to seal up to two misdemeanor convictions; one misdemeanor and one felony conviction; or one felony conviction. To be eligible, an individual must have no convictions on their record for at least 10 years and have no charges pending. Individuals who were incarcerated may not apply until a decade following their release date. Excluded from sealing are convictions for sex crimes or any offense requiring registration as a sex offender; child pornography; murder, manslaughter and other homicide charges; certain conspiracy charges; and any crime defined by law as a Class A or violent felony.
The seal applies to all public court records and those maintained by the state Division of Criminal Justice Services. The repository for New York's criminal history records; law enforcement records are excluded. Once sealed, convictions can only be provided under certain circumstances, including to state or federal law enforcement acting within the scope of their duties including for hiring purposes; and pistol permit licensing officials. Individuals and their attorneys also will have access to the information. Additional information is available here.
Cattaraugus County Public Defender Mark S. Williams, President of the Chief Defenders Association of New York, said, "This is an important milestone in New York State. Indigent defendants across the state are looking forward to being able to get a new start and to be able to look forward and not have to be stymied by a past mistake. On behalf of the entire defender community, we are grateful to the Governor and the Legislature for this giant step forward. Many of us have already been speaking to our clients and we are ready to assist where we can in helping them seal their past and move forward."
