Relevant Factors

When your New York sealing lawyer or “expungement” attorney files their application with the court of your sentencing and it is clear that the crime for which you are convicted is an eligible offense, it is of critical import that both you and your counsel are aware of the relevant factors the judge will consider when determining if he or she should seal your criminal case and clean up your criminal record. While a court has discretion in both sealing a criminal case and what factors should be considered when rendering a decision, New York Criminal Procedure Law 160.59 provides a list of those issues it must address.

Specific Relevant Factors Mandating Judicial Review

Now that your New York CPL 160.59 sealing application is in the hands of your sentencing judge, you better have already made sure that the materials you submitted addressed the questions that the court is going to ask. Again, while these relevant factors are ones that CPL 160.59(7) specifically dictates a judge shall review, they do not necessarily encompass all elements that make up a full review. Some of these factors include:

  • the amount of time that has transpired or elapsed since the last conviction and the filing of your motion or application for sealing;
  • how serious of a crime and offense did you commit and what were the circumstances of that crime and offense;
  • whether the initial arrest charge was an eligible one and not just the offense for which you were convicted if something lesser;
  • the character of the defendant including what, if any, steps you have taken towards rehabilitation, treatment, education, community service, and involvement in his or her respective community;
  • the position of and statements from the crime victim or victims;
  • the impact and effect of a criminal sealing on your reintegration, rehabilitation and ability to become or remain a productive member of society;
  • the impact of the sealing on not just the public’s confidence and respect for the law, but the public’s actual safety.
Knowledge and Advocacy: There is No Substitute

While NY Crim. Pro. Law 160.59 gives attorneys the tools to effectively gather the basic information that a judge will consider when deciding whether or not your case should be sealed and “expunged” (remember, there is no technical expungement in New York State), what no statute can do is prepare your counsel for effectively advocating and representing to the judge that you are not merely a good candidate for sealing, but far more. The court must seal your case for the greater good of society, acknowledgement that accountability need not last in perpetuity, recognition that rehabilitation demands you be given the opportunity prove your greater worth, and the understanding past wrongdoing should not decimate you, your family and their future.

You may be a mediocre candidate for sealing or have all the boxes checked off, but your case likely won’t every be hidden from future employers and the public’s prying eyes unless you retain the right criminal attorney who can best put you in the position to seal your case.

You Paid Your Dues: Your Future Starts Today

There are many important pieces making up the sealing puzzle in New York. Educate yourself. Learn about eligibility. Read about procedure and process. Take the time to seize a once in a life time opportunity to no longer have to address the mistakes and indiscretions of your youth. Your new future can begin today, but only if you’re ready to stand tall, push fear and embarrassment aside and take the first steps to cleaning your criminal record.

Call the New York State criminal conviction sealing lawyers and former New York City prosecutors at (212) 312-7129 or contact us online today.

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