“Can I seal a misdemeanor drug conviction under the NYS Seal Law (CPL 160.58)?”

Andrew Tabashneck is a criminal defense attorney in buffalo new york and the founding partner of hte Tabashneck Law Firm

Andrew Tabashneck is the Founding Partner of the Tabashneck Law Firm

Under New York’s CPL 160.59, the court where you were sentenced on your criminal conviction has the authority to seal a conviction, if the judge exercises this right.

First, you cannot seal more than two criminal convictions of which only one can be a felony, and the crime or conviction must have occurred more than ten years ago. With regards to the time-limit, the time the clock starts ticking is from the date of conviction or, if you went to jail or prison, when you were released from custody.

When your criminal lawyer buffalo ny files the motion, courts will examine the crime you were convicted of violating including the initial arrest charges. Although this does not apply in your case, if one is convicted of a Class A felony, then sealing is not available. Other ineligible offenses are defined by the statute

Finally, to seal the case from your criminal record, you cannot include a so called sex crime. If you are required to register as a sex offender through the Sex Offender Registration Act, then you will not be eligible.

For more questions, contact Andrew Tabashneck and schedule a free consultation.



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