New York Criminal Lawyer Blog

August 3, 2017

If I Seal My Criminal Record Who Can See It: Sealed Record Background Checks

What is the benefit of sealing my criminal record? Why would I want to expunge an old arrest? Even if my criminal case is sealed, can employers still see my case, the evidence or accusations? All reasonable questions to ask your criminal defense attorney, or more appropriately your conviction sealing lawyer, the answer to these questions start with the purpose behind New York State’s passage of Criminal Procedure Law 160.59. NY CPL 160.59, the New York sealing statute, allows for the “public removal” or in some cases limited access to certain past criminal convictions. As addressed in other blog entries and in substantive detail on Saland Law PC’s New York Sealing Law Information Page, the goal of NY CPL 160.59 is to allow individuals who have led law abiding lives for more than ten years, have eligible non-sex offense and other convictions, and can provide a reason for a court to consider a sealing motion, to file for “expungement” of the criminal case(s). The caveat to all of this is that the law limits your eligibility to a criminal past involving no more than two convictions of which only one can be a felony and even if the court agreed with your sealing attorney’s application, no judge can actually expunge your criminal record. That’s right. While you may have your criminal record sealed and blocked from public view, law enforcement will have the ability to access your criminal history in perpetuity.

This all begs the question that you will no doubt vet with your NY CPL 160.59 sealing attorney. If I seal my criminal record who can see it?

July 31, 2017

Another JFK Airport Firearm Case Dismissed: Military Vet’s Arrest for Checking Pistol at Airport Gets ACD’d

by Jeremy Saland

Despite having top training and experience in what is the most stressful of life situations and the respect of his friends, neighbors and nation as a veteran of the armed forces, nothing prepared a recent Saland Law PC client for the overwhelming fear and concern that resulted from an arrest at New York’s JFK Airport after he tried to check a lawfully owned firearm. Yes, our client followed the TSA’s guidelines prior to arriving at the airport to fly to Colorado where a new job awaited the following morning. Yes, our client made sure the firearm was stored away in a hard sided and locked cases consistent with the airline’s regulations. No, he was not remotely prepared for what would happen next.

A criminal and violent person our client was not, but instead a regular person, no different than you or me, exercising what he believed was his Second Amendment rights to possess a firearm licensed in another state. Unfortunately, despite his far from nefarious intentions, an arrest by the Port Authority Police Department and prosecution by the Queens County District Attorney’s Office was the last thing our client expected when his biggest concern to date on a flight was whether he should book an isle or window seat or have pretzels or chips with his Coke. Not a commentary on the state of firearm laws, the NRA, or Congress’ plan to allow conceal carry permits to cross state lines, this blog entry addresses how good people can unintentionally run afoul of the law and the efforts necessary to protect their good name, liberty and future.

July 28, 2017

Can My Assault Case be Sealed or Can my Assault Conviction be Expunged: Sealing Provisions of NY Crim. Pro. Law 160.59

by Jeremy Saland

Nobody likes an answer of “maybe,” but the practical reality to the question of whether a conviction or criminal record for Assault in New York can be sealed is partially yes and partially no. First, with the negative, New York has no provision in its criminal procedure law to expunge your conviction for any degree of Assault. However, there is a remedy for anyone convicted of a non-violent Assault (that’s right, non-violent) to seek a sealing of their criminal conviction from their public criminal record. Doesn’t make sense? Bare with me.

Assuming that you have no more than two misdemeanor convictions or one misdemeanor and one felony, the judge before whom you were sentence has the authority pursuant to New York Criminal Procedure Law 160.59 to seal your criminal conviction subject to a few relevant and critical points as to eligibility.

July 24, 2017

Arrested for Drug Possession at NYC’s Madison Square Garden Before the Phish Concert: That’s a Shocker

by Jeremy Saland

During the day you are a lawyer, work in finance, a licensed real estate broker, or a school teacher. Maybe you’re a stay-at-home mom or you’re just figuring out what the heck you want to do with your life with your BA in History from Generic State University. Reliving your glory days in college pretending the babysitter isn’t at home with your kids or just trying your hardest to ignore the fact that you have a mortgage or rent payment coming up after the encore, what could be better than getting lost in the moment to Phish’s “Fluffhead” and “Harry Hood?” The real question, however, is not what could be better, but what could be worse? The answer? An arrest for Seventh Degree Criminal Possession of a Controlled Substance, New York Penal Law 220.03.

On its face, going to see Phish certainly could be a release and even a religious experience, but you’re not a reckless college kid anymore (or maybe you are) and you weren’t fooling anyone “hiding” a baggie of cocaine, Molly, MDMA, ecstasy, marijuana or any other drug in your sock. It’s just like telling your parents you only had two beers. You didn’t. They knew that.

July 21, 2017

From Dismissals to Violations: Felony and Misdemeanor Arrests Resolved Favorably for Clients

by Jeremy Saland

Advocating effectively is not as easy as it seems. Understanding the criminal justice system in a practical sense takes experience. Doing your homework on your client’s criminal case to put him or her in the best position to resolve that case favorably takes diligence. The end result, however, can be well worth all the work for both the accused and the criminal defense attorney who secured justice. In fact, for a few recent Saland Law PC clients, what were originally nightmarish experiences ended in closed cases, non-criminal dispositions and outright dismissals.

July 18, 2017

Prostitution Crimes in New York: Can Solicitation, Patronizing and Prostitution Convictions be Sealed and Expunged

by Jeremy Saland

There are few crimes more embarrassing in terms of both arrest and conviction than those related to prostitution. No, nobody says growing up they want to solicit and patronize prostitutes just as young boys and girls don’t aspire to become prostitutes when they grow into women and men. Simply, good people make poor choices or find themselves in situations that leaves them feeling desperate or hopeless. While this blog entry is not meant to serve as a justification nor condemnation of those convicted of New York Penal Law section 230.00 and 230.04 respectively, it simply addresses a very reasonable and pertinent question. Can my conviction for PL 230.00 or my conviction for PL 230.04 be sealed to either the public or private entities? Commencing on October 2017 the answer to both of these questions is a very clear, albeit a time consuming and detailed path, yes. With the passage of New York Criminal Procedure Law 160.59, the court that sentenced you upon your conviction to either Prostitution or Third Degree Patronizing a Prostitute now has the authority and discretion to seal, although not expunge, your criminal conviction and case.

July 15, 2017

Sealing Two Convictions in Two Different Courts: NY CPL 160.59 Sealing in Multiple Jurisdictions

by Jeremy Saland

New York Criminal Procedure Law 160.59 is the mechanism by which a convict (pardon the term), can motion the court of their conviction to have their criminal cases, convictions and record sealed. Explained in greater detail throughout the Sealing and Expungement section of this blog as well as on the New York Sealing Law Information Page at New-York-Lawyers.org, before your attorney makes a sealing application you must satisfy a litany of factors or elements necessary for consideration. Failure to do so will result in an outright denial and rejection of your sealing motion. Briefly, some of these requirements are that your criminal convictions do not include sex crimes mandating Sex Offender Registration (SORA), violent offenses as defined by law, “Class “A” felonies or more than one felony in a two criminal conviction total allotment. Although there are more factors, this entry will address the final element listed here. What if you have two convictions, a misdemeanor and felony or two misdemeanors, in two different jurisdictions within New York State? Are you required to make to separate applications to both courts? If not, will one court hear both of your motions and which court will do so?

July 12, 2017

NY Criminal Case Result: “Domestic Violence” Grand Larceny Arrest Dismissed as Accused Maintains Innocence and Prosecution Agrees

by Jeremy Saland

Many people believe that if you need a top criminal defense attorney, or any for that matter, you are clearly guilty of something. Whether that belief is misguided is fairly irrelevant, of course, until it is you who needs a criminal defense lawyer. That said, there are very few things in life as debilitating and emotionally destructive as being accused of a crime you did not commit. Maybe you did something morally wrong or maybe you did nothing improper at all, but law enforcement, such as the NYPD and the District Attorney, or a complainant incorrectly interpreted your acts or intent. Yes, where there is smoke there is often fire, but life teaches us that this is by no means a given truth.

You, the accused, have rights and the prosecution must prove their case beyond a reasonable doubt. Their failure or inability to do so means your case should be dismissed. For a recent Saland Law PC client employed in the banking and financial sector, a dismissal of all charges, including felony Third Degree Grand Larceny, is just how the criminal case ended not merely because our client was innocent, but due to advocacy of those same criminal defense attorneys many of us believe only represent the guilty.

July 8, 2017

Eligible for Criminal Record Sealing in New York: Take the Conviction “Expungement” Quiz Now

by Jeremy Saland

The question isn’t whether you should work with a New York “expungement” lawyer or sealing attorney to hide or conceal an old criminal record or conviction, but whether or not you are eligible to do so. With the passage of NY Criminal Procedure Law 160.59, what was only offered by other states is now available to those who have criminal convictions in New York more than a decade old. Although NY CPL 160.59 and the equally important NY Executive Law 269(16) does not take effect until October 2017, there is no reason to wait until then to begin the long process to prepare your motion and petition for sealing and pseudo-expungement. Should you successfully petition your sentencing court, other than law enforcement, most public and private employers and licensing and certifying agencies will see nothing but a clean slate.

Simply, there is no better place to start on your path to a sealed criminal past than with Saland Law PC’s NY quick and easy conviction sealing eligibility quiz.

July 5, 2017

New York Second Degree Assault Felony Arrest Ends in Non-Criminal Disorderly Conduct Violation

by Jeremy Saland

Sometimes people make bad mistakes. Really bad mistakes. When youth is mixed with alcohol and testosterone is running through one’s veins, there is a often a toxic mix that can end in disaster. Unfortunately, a recent client who retained the New York criminal lawyers at Saland Law PC learned this the hard way after the NYPD arrested our client in Manhattan charging our client with Second Degree Assault, New York Penal Law 120.05, and other crimes. Our client, a recent college graduate, got into a confrontation with anther person at a NYC bar and allegedly attempted to smash a glass mug on the person’s head or face, but instead the glass was alleged to have bounced and shattered on the face of a nearby person. As a result, the unintended victim whom our client was alleged to have struck suffered significant injuries to his jaw structure and bone as well as numerous stitches to close the wound from the broken glass. Hauled off to court and arraigned before a judge on two separate counts of Second Degree Assault under the theory that a dangerous instruments was used to cause a physical injury and that it was our client’s actual intent to cause a serious physical injury, our client faced a potential indelible felony conviction and as much as seven years in a New York State prison. As unfortunate as those circumstances may have objectively been, the New York criminal defense attorneys and former prosecutors at Saland Law PC were able to secure not merely a downward departure from a felony to a misdemeanor, but our client was ultimately sentenced to a Disorderly Conduct, New York Penal Law 240.20. In the end, our client did not sustain a criminal record.