Westchester Expungement Attorneys
Compassionate and Effective Criminal Defense Services
For many people, a criminal conviction is like a dark stain on an otherwise spotless criminal history. A momentary lapse in judgment can lead anyone to act out of character and commit a crime. Even though you may have paid your debt to society, the presence of a criminal conviction can put your future in chains. Restricted opportunities in career advancement, difficulties enrolling in educational institutions, and the social stigma that comes with a criminal record, serve as ongoing punishments beyond a criminal convict’s court sentence.
Fortunately, a skilled Westchester criminal defense attorney with experience in expungements can help. At The Law Offices of Robert Schuster, we have decades of combined legal experience in criminal defense matters at any stage of your proceedings – even after completing your sentence. We never overlook the fact that behind each case, there’s a human story that needs telling. We are here to make sure you have the legal tools to allow people to hear your account of the events. A regretful criminal act does not have to condemn you to be marked as a criminal for life. The New York State Legislature has recently enacted statutory changes that permit expungement of criminal convictions under certain circumstances.
For a free consultation exploring your legal options, call us at (914) 241-0004 today.
New York’s Expungement Law
New York Criminal Procedure Law Section 160.59 (CPL § 160.59) – “Sealing of Certain Convictions” – was recently enacted in New York to allow certain eligible criminal convictions to be effectively removed from a person’s public criminal record. Ten years must have passed since the imposition of the defendant’s sentence or their release from prison, whichever comes later. The law defines “eligible offense” to mean any crime that isn’t explicitly excluded under the statute.
Crimes that are excluded from eligibility under CPL § 160.59 are:
- Sex offenses under Article 130 of the Penal Law;
- Sexual performance by a child;
- Violent felonies;
- Conspiracy to commit a crime that is ineligible for sealing;
- An attempt to commit a felony that is ineligible for sealing;
- Offenses that require registration as a sex offender.
Under CPL § 160.59, a person can request to seal up to two convictions on their record. One of these two convictions can be a felony. Although public access to sealed records is restricted, the district attorney’s offices, New York courts, the New York State Department of Corrections and Community Supervision, and state police departments may access such records.
However, a prosecutor may object to and contest an application to seal criminal records. Your attorney must be prepared to respond to an opposition motion to your application. Ultimately, a judge will determine the appropriateness of sealing the convictions from the defendant’s record.
To determine if a conviction should be sealed, the court will consider the following factors:
- The time passed since the defendant’s conviction;
- The seriousness of the offense to be sealed;
- The severity of any other crime on the defendant’s record;
- The defendant’s effort to rehabilitate;
- Statements made by a person victimized during the commission of the offense to be sealed;
- The effect of sealing on the defendant’s rehabilitation and reintroduction into society;
- The impact on public safety posed by sealing the offense.
Call The Law Offices of Robert Schuster for Experienced Counsel
The collateral consequences associated with certain crimes can weigh heavily on a person’s prospects for future prosperity. Those who learned their lesson and paid their debt to society should not have to endure further penalties informally imposed by society. To determine whether you qualify for relief under New York’s expungement law, call a Westchester County Criminal defense attorney that is well versed in handling expungements at The Law Offices of Robert Schuster. We will work diligently to make sure the courts understand all relevant factors and circumstances of your case. We will leverage our experience with the Courts and an understanding of the parameters of the statutory authority granted by the new legislation to juxtapose it with the facts of your individual case so that you achieve the results you need. The mistakes you made in life do not have to define your future.
Call The Law Offices of Robert Schuster at (914) 241-0004 or contact us online to schedule your complimentary case evaluation today.
"My DWI case was fully dismissed."- P.T.
"The outcome of the case was very favorable...misdemeanor and conditional discharge off a DWI felony."- R.B.
"Robert Schuster is an outstanding attorney who works tirelessly for the best outcome for his clients."- Jane J.
"I know Robert Schuster to be both a tenacious advocate and a brilliant tactician"- Matt S.
"Highly professional"- William G.