Close

Articles Posted in Sealing and Expungement

Updated:

Damned the Abused Mother of Three, but to Your Abuser, with the Clean Slate Act, New York Apologizes to Thee

Sure, I was being a bit tongue-and-cheek with the title to this blog entry, but the more I read about the Clean Slate Act (A. 1029A and S.211), a potential law that will automatically seal all misdemeanor and felony convictions other than sex crimes, the more I fear New York…

Updated:

Arrests, Criminal Convictions and FINRA Form U4: Disclosure and NY CPL 160.59’s Conviction Sealing Law

Financial professionals who have taken and passed the Series 6, 7, 63, 65 or 66 exams know that an arrest and conviction can decimate careers regulated and overseen by FINRA. Many of these men and women, however, are unaware that New York State allows people with no more than two…

Updated:

Vacating an Order of Protection: Removing a Restraining Order Post-Conviction in a New York Criminal Court

Our client, previously convicted of Fourth Degree Criminal Mischief, was sentenced in 2015 to a conditional discharge. Further, as part of the disposition of a case involving, among other allegations, Criminal Possession of a Weapon and Menacing, the Court issued a five year Order of Protection in favor of a…

Updated:

160.59 Sealing Petition Results in “Public Expunging” of Client’s Firearm Conviction for Third Degree Weapon Possession

Can I have my firearm conviction sealed? Does New York Criminal Procedure Law 160.59 apply to weapon and gun crimes? The short answer to the above questions is “maybe.” Fortunately for a recent Saland Law PC client, the specific answer was “yes.” A complicated sealing application, after litigating an old…

Updated:

Sealing Criminal Records with NY CPL 160.59: Three Representative Results of New York’s “Second Chance” and “Expungement” Law

Since New York CPL 160.59 went into effect in 2017, many hard working and honest people have asked, “Can I seal my old criminal conviction or get it expunged?” Once they realize that they can, their asks routinely morph into, “How do I seal my criminal record?” While the process…

Updated:

How do I Expunge or Seal My Criminal Conviction for Identity Theft: Does CPL 160.59 Apply to NY PL Sections 190.78, 190.79 and 190.80

The term “identity theft” is one that makes anyone and everyone cringe. After all, there are few people who have not been effected by a fraud crime relating to Identity Theft. Unfortunately, when many people hear of this offense they often think large scale fraud involving social security numbers, bank…

Updated:

Can a New York State Judge Seal a Conviction for a Per Se DWI if I Blew Above a .08: DWI and NY CPL 160.59

Unlike DWI arrests in New York where you refuse to “blow,” there are other DWI or DUI crimes that are based on evidence of a person having a BAC of .08 or more. These drunk driving crimes are codified in New York Vehicle and Traffic Law 1192.2. While VTL 1192.2…

Updated:

Aggravated Harassment and Criminal Conviction Sealing: Is NY PL 240.30 an NY CPL 160.59 Eligible Offense

I called my ex-girlfriend dozens of times and was ultimately convicted of Second Degree Aggravated Harassment. There was an order of protection issued, but I completed my anger management without any problems. Can I now get my criminal record cleaned and erased? Can I purge or seal a conviction for…

Updated:

Can I Seal My Criminal Conviction for Weapon Possession: Applying NY CPL 160.59 to NY PL 265.01(1)

A crime that is routinely prosecuted in New York City, and likely elsewhere through the State of New York, is New York Penal Law 265.01(1), Fourth Degree Criminal Possession of a Weapon. More specifically, if you knowingly possess a gravity knife or a switchblade knife you are guilty of a…

Updated:

Sealing a Criminal Conviction for a Refusal or Common Law DWI in New York: NY CPL 160.59

In the State of New York, a DWI arrest and conviction can be based on different theories of the law. One such DUI or drunk driving crime is found in New York Vehicle and Traffic Law 1192.3. Often referred to as either Common Law DWI or Refusal DWI, this Driving…

Contact Us