FAQ on Sealing Records

The New York law that allows people to apply to have their criminal conviction record sealed is fairly new, having just gone into effect in October 2017. As a criminal defense attorney with more than 30 years' experience, I, Luke Scardigno, have closely studied this new law. I am prepared to use it to help my clients in Queens who are ready to stop letting a long-ago conviction from holding a steady job or finding a decent place to live.

FAQ On Sealing Records

Because the sealing law is so new, there is a great deal of confusion about how it works. Here are some general answers to questions I often receive.

What does sealing my record mean? A sealed record of a criminal conviction is hidden from public record searches. In other words, when you apply for a job, your prospective employer would not find out about your conviction during a background check and you would not be obligated to disclose it.

Who qualifies to have their records sealed? The law requires that you wait at least 10 years after you were convicted to apply for your record to be sealed. Certain criminal convictions, such as crimes of violence and sex crimes, cannot be sealed. In general, neither can records with more than two misdemeanor convictions nor more than one felony and one misdemeanor conviction. However, if you have more than two convictions related to the same one or two incidents, you may still be able to get your record sealed.

What can I do with a sealed record? Having your prior convictions sealed can take away many barriers in life. For example, you would have an easier time:

  • Getting into a school program
  • Getting hired for a job
  • Getting approved for public housing
  • Getting licensed in certain occupations, such as real estate and liquor sales

Do I need a lawyer to help me apply? The application process is complicated and can be confusing. Courthouse and district attorneys' office staff are not always helpful. I am familiar with the process, and will make sure your application is complete and properly filed. I will help you prove that you have rehabilitated since your conviction and that you deserve a fresh start under the law.

Call 718-414-6186 or fill out my online form to schedule a free consultation with me at The Law Office of Luke Scardigno in Queens, New York. I charge reasonable fees and am happy to arrange payment plans that fit your situation.

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