When a person commits a crime in New York and is convicted, they can receive a criminal record. This results in consequences that can follow a person for the rest of their life. It is because of this that individuals facing these situations should retain the services of an experienced New York criminal defense attorney to protect their future.
What are the Long Term Effects of a Criminal Record?
Individuals who receive a criminal record in New York can have their lives affected in the following ways:
- They can have a difficult time getting and keeping a job. A criminal record can limit the types of jobs they can get, as they are required to check “yes” on an application for being convicted of a crime. Employers also usually conduct background checks. If an applicant lies by checking “no,” they can be disqualified. Employees who are convicted of a crime can get fired from their current job as a result.
- Child custody arrangements. If a person commits a crime, their former spouse and the court may use this to prove they are an unfit parent/danger to their child.
- A person’s immigration status. Foreign individuals with a criminal record can be deported or prevented from becoming a future citizen.
- Those who commit a crime more than one time can face worse penalties for each new crime.
Can my Criminal Record be Erased?
In the state of New York, there are no laws to erase or expunge a person’s criminal record. Instead, the state uses a process called “sealing.” In some cases, this allows all related documentation to the incident can be returned to the offender or destroyed. This may be for cases where the offender got a good result, the crime was committed by children or youthful offenders, or violations/traffic infractions. The court can be asked to seal certain felony or misdemeanor convictions in the event of the following:
- The offender has no more than two misdemeanors or no more than one felony and one misdemeanor conviction and they have been crime-free for 10 years.
- The offender has successfully completed a drug treatment program.
It is important to know that when a case is sealed, the records can still be seen by someone authorized to ask for the records, the individual’s employer if the job requires them to carry a gun, their parole officer, the prosecutor, and law enforcement after a request to the court. In the event that a person’s record cannot be sealed, they can ask for a Certificate of Relief from Disabilities or a Certificate of Good Conduct to get some of their rights back.
Contact our Firm
If you or someone you know what charged with a crime, contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.