Ii Pardon Policy & Practice
A. Authority
The pardon power is vested in the governor . N.Y. Const. art 4, § 4. It may be regulated only as to the manner of applying. The governor must report annually on the number of pardons and his reasons for granting them.
B. Administration
The New York State Department of Corrections and Community Supervision advises the governor on clemency cases if requested. N.Y. Exec. Law § 259-c. Absent exceptional or compelling circumstances, a pardon will not be considered if there is an adequate administrative remedy available. Pardon is considered only if there is no other legal remedy in three cases: 1) to set aside a conviction in cases of innocence 2) to relieve collateral disability and 3) to prevent deportation or permit reentry. . The Executive Clemency Bureau within the DOCCS screens candidates for eligibility requirements, gathers materials concerning clemency applications, and responds to letters from applicants and others regarding clemency applications. Id. Ordinarily a pardon is not a basis for sealing or expungement See .
On January 1, 2015 Governor Cuomo announced the establishment of a dedicated website administered by his office to serve as a resource for pardon applicants. . The website includes procedural and substantive standards for considering pardon
C. Frequency of grants
What Is The Penalty For A Second Dwi In New York
The DMV penalty for a second DWI within ten years of the first misdemeanor in New York is a fine of between $1000 to $5000. It also attracts a maximum jail term of a year and at least one year of a revoked driving license. The law regards a second DWI as a class E felony, and it has a lighter felony punishment than the other four classes of felonies.
Sealing Felony And Misdemeanor Convictions
Certain felony and misdemeanor convictions can be sealed under New York Law:
- If you have no more than 2 misdemeanors or no more than 1 felony and 1 misdemeanor conviction and have been crime-free for 10 years.
- If you have successfully completed a drug treatment program. Certain convictions listed under the Rockefeller Drug Law Reform can be conditionally sealed.
- Certain marijuana misdemeanors are expunged and treated as if they never happened.
At Riebling & Payton, PLLC, we have assisted numerous clients seal their prior criminal convictions. Thereby enabling clients to escape the burdens of having a criminal conviction and allowing them to move on with their lives. If you have a prior conviction that needs to be sealed, contact our experienced criminal defense lawyers to find out how we can help you get that done.
Even in the worst case scenario, where individuals cannot have their criminal history record sealed, we can still help you get back some of the rights that were lost as a result of the conviction.
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Charges For Juveniles And Sentencing Guidelinesin New York
In Family Court, there are a variety of available dispositions for juvenile delinquents ranging from dismissal of the charges to placement of the offender in a secure facility run by the Division for Youth.
In Criminal or Supreme Court, a child who is charged with Murder in the Second Degree or a sexually motivated felony can be charged as a juvenile offender. Similarly, a child who is fourteen and fifteen years old, who is charged with any crime from a certain list
of violent felony offenses can also be charged as a juvenile offender.
Generally, children charged as Juvenile Offenders face mandatory upstate jail time
New Yorks New Law To Seal Criminal Records
Beginning in October 2017, New York will allow criminal convictions to be sealed. Under new Criminal Procedure Law Section 160.59, called Sealing of certain convictions, there are several conditions to seal criminal records, and not all criminal convictions are eligible. Further, it is important to recognize that sealing differs from expungement or dismissal, and does not erase or clear a criminal record or conviction.
In New York, there are four levels of convictions:
Traffic infractions, like Driving While Ability Impaired Violations, like Disorderly Conduct or Harassment Misdemeanors and Felonies
The criminal conviction sealing law applies only to certain misdemeanors and felonies. Violations seal without a defendant having to do anything, usually after two years, unless the conviction was domestic violence-related harassment. Strangely, the traffic infraction DWAI does not seal.
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Criminal Record Expungement Lawyer
When a person is convicted of committing a crime, the penalties which tend to cause the most worry are often the formal penalties, such as prison, probation, parole supervision, fines, and community service. However, these court-imposed consequences are not the only repercussions of having a conviction in your past. You will also be burdened with a criminal record, which can continue to have a negative impact on your life long after you have served any jail time and paid for your wrongdoing.
Being convicted of a felony or serious misdemeanor can show up on your permanent criminal record forever. This carries a stigma that can impact your ability to attend a university, or to gain certain professional certifications. Additionally, because the overwhelming majority of large employers conduct background checks on prospective hires, a criminal past can hinder your ability to maintain steady employment.
Help With Dwi Record Sealing From Knowledgeable And Effective New York Criminal Defense Lawyers
A drunk driving conviction can have serious negative consequences that in some ways make it worse than other felonies or misdemeanors. Not only may you face fines and jail time, but your drivers license is also suspended or revoked. The costs to get your license back, retrieve your vehicle from police impound, pay special court surcharges and assessments, and obtain SR-22 insurance, make a DWI conviction much more expensive than other crimes in the same classification. Additionally, the consequences of a DWI on your record can continue to haunt you for years. Drunk driving is a serious matter, but that doesnt mean that a one-time error in judgment should follow you for the rest of your life. Our New York DWI record sealing lawyers here to get you that second chance by sealing the record of your DWI conviction, so you can live and work without the stigma of a decade-old DWI hanging over your head.
The record sealing law which became effective in New York on October 7, 2017 allows you to apply to have your record of a misdemeanor or non-violent felony sealed. In fact, the law allows you to apply to have up to two misdemeanors sealed, or one misdemeanor and one felony. The offense must be at least ten years old and meet other requirements of the record sealing law.
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The Sealing Applications Require Disclosure Of Compliance
The Sealing Applications require that you disclose your court record and history of compliance. This is something that your Attorney should do to give you the best chance of sealing your record.This is because CPL 160.59 allows the Judge to review any relevant and applicable information regarding your application.
If you are seeking to seal your DWI conviction call Attorney Chris Brown to start the process today at 988-3131.
Attorney Christopher Brown is a former prosecutor now focusing on DWI Law, Criminal Defense, and Personal Injury cases in New York State.
Recent Posts
How To Expunge A Criminal Record In New York
Created by FindLaw’s team of legal writers and editors
For better or worse, the fact is that in the state of New York, you cannot expunge your criminal record. A record that is “expunged” is permanently erased. However, you can “seal” your criminal record in New York, which means it will become invisible to the public. The most obvious benefit of sealing your record is that it will be removed from the rap sheet sent to employers, and your fingerprints, palm prints and mug shots will all be destroyed.
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Sealing Drug Crimes In Ny
Drug-related misdemeanors and felony offenses in New York can be sealed, provided the individual completes a Judicial Diversion Program, Drug Treatment Alternative to Treatment Program, or a similar substance abuse treatment program recognized by the court. In addition, the person must complete any additional sentencing and not have any other pending charges.
Not All Crimes Can Be Expunged
Even if you were not convicted of a crime, an official record of your arrest is created and kept in Albany. Expungement is the process by which a criminal record is erased. Not all crimes can be removed from a criminal record, however. In New York state, a conviction for DWI cannot be expunged. However, if you were acquitted or the case was dismissed, it might be possible to expunge the record.
Our law firm focuses a significant amount of resources to protecting clients from the full force of the criminal justice system. Whether we are aggressively defending them in court, or fighting to seal a criminal record, clients rely on us to limit their exposure to devastating consequences. A successful expungement can depend on numerous factors. Contact us immediately to learn more about how we can help.
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Sealed Records: After 10 Years
If you have no more than two misdemeanor convictions or one felony and one misdemeanor conviction, you may be eligible to have those convictions sealed. You must apply to the court to have your records sealed. If the court approves your application, your criminal convictions can only be seen by qualified agencies and federal, state, and local law enforcement. If you are not a United States citizen, Immigration can still see your sealed convictions.
Sex offenses, violent felonies, and serious felonies are not eligible for sealing.
See instructions #8 for List of Offenses not eligible for sealing.
You are eligible if:
- You have been crime-free for at least 10 years since your conviction and/or release, and
- You have 2 convictions or less on your criminal record. This means no more than two misdeameanor convictions OR one felony and one misdemeanor conviction.
The ten year period starts from the date of conviction or release from prison, whichever is later.
You cannot have had any new criminal convictions or have a current criminal case pending.
Courts have the discretion to seal up to two convictions, only one of which may be a felony.
If you have more than 2 convictions, you may still be eligible if your convictions are related to the same one or two incidents. For example, if you were charged and convicted of multiple crimes during one incident, the court may decide to treat the multiple convictions as one conviction.
How Many Crimes Can I Have Sealed In New York
New York only allows a person to seal their criminal record if it has two or less criminal convictions on it. In addition, only one of those convictions can be for a felony. Moreover, any felony on the above-mentioned list is not eligible to be sealed.
A person with more than two criminal convictions can still have their record sealed if the charges are related to only one or two criminal incidents.
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Expungement Vs Sealing: What Is The Difference
The new law in the State of New York is a sealing law which means your records will be closed to being obtained by those individuals or entities that seek to use it against you. Once your record is sealed it will not be able to be used against you or even found out by the general public or businesses with a minor exception involving the police and FBI in limited circumstances. Expungement refers to the destruction and elimination of the existence of a criminal record. New Yorks law is a sealing law not an expungement law but works in a very similar manner.
What Should I Do If I Have A Criminal Record And Want To Restore My Gun Rights
To make sure you have the best chance of restoring your right to own a gun, you should have an attorney help you file for your Certificate and make sure it restores all of your rights. As well as helping you file for your certificate, he or she could also possibly assist you in sealing your record. The attorneys at Rosenblum Law are experienced criminal defense attorneys who know how to restore a persons lost rights. If you have a criminal record and are interested in having your gun rights restored, email the Rosenblum Law firm or call us at 888-815-3649 for a free consultation today.
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What Is The Law On Gun Ownership For Felons
New York bars anyone convicted of a felony or serious offense from applying for a firearm permit, which makes it illegal to own a firearm. Federal law also prohibits anyone with a state or federal felony conviction from owning a firearm, which means anyone convicted of a felony in New York is barred from owning a firearm even in other states.
However, New York offers certificates for certain qualifying people that can restore rights lost on conviction, including the right to bear arms. A Certificate of Good Conduct establishes that a person with a criminal record has reformed and reintegrated into society. A Certificate of Relief is another document that can restore legal rights to a person with a criminal conviction. Depending on the circumstances, these certificates can also restore the persons gun rights under federal law, which allows the person to buy guns in other states as well. These two certificates come from different sources and have different requirements.
Sealing Your Criminal Record In New York
Watch the following educational legal video by New York Criminal Defense Attorney Robert J. Aiello as he discusses sealing your criminal record in New York.
New legislation passed by the governors office this year will take effect in October of 2017, and it contains two critical components in the criminal area with which I am most concerned, I think these two components will be beneficial to our clients. The first one which I consider a great initiative is a new sealing provision within the criminal procedure law. This new provision will allow someone who made a mistake in their life more than 10 years ago and has never had any other convictions, whether felony or misdemeanor to have that conviction sealed. That is a tremendous thing because, when a person whos been convicted of a felony or even a misdemeanor applies for a job, they have to fill out an application. When that application asks the question, Have you ever been convicted of any crime? they have to answer truthfully. If they lie and are later found out, theyre done. Instead, answer truthfully, yes. Then, when they ask, What was it for? Felony or misdemeanor? you must answer that truthfully as well.
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What Is The Average Cost Of Dwi In New York
A DWI conviction in New York will cost the convict a lot of money, with fines ranging from $300 to $10,000. The court surcharges for a felony offense amount to about $520. Then, every convicted driver must pay a DMV driver responsibility assessment levy of $750.
Drivers who want a conditional license will pay a fee ranging from $200 to $225 to attend the New York drinking driver program. If the driver has to undertake an alcohol and substance abuse evaluation, the driver will cover the cost of the treatment. Then, there is the cost of getting a lawyer to defend the charges in court.
Depending on how complex the case is, average DWI attorney fees in New York may range from $2,000 to $10,000. The DWI convict will also need to buy automobile insurance that is often three times more than the rate for regular drivers.
What Types Of Criminal Records Can Be Sealed In New York
There are some records that are automatically expunged. These include arrests that result in dismissal, municipal ordinances and juvenile offenses where the sentence has been completed, fines paid, and under the condition that the individual wasnt adjudged a juvenile offender.
There second category of criminal records that can be sealed have a waiting period of 10 years before they can be expunged. These offenses include drug crimes, theft, disorderly conduct, among others.
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Crimes Eligible For Sealing
- Aggravated Unlicensed Operation of a Motor Vehicle
- Reckless Driving
- Assault in the Third Degree
- Attempted Assault in the Third Degree
- Criminal Contempt in the Second Degree
- Harassment in the First Degree
- Reckless Endangerment
- Criminal Possession of a Weapon in the Fourth Degree
- Gravity Knife Cases
- Criminal Possession of Marijuana in the Fourth Degree
- Criminal Possession of a Controlled Substance in 7th Degree
- Criminal Trespass in the Second and First Degree
- Menacing in the Second and Third Degree
- Stalking in the Third and Fourth Degree
- Possession of Burglars Tools
- Making Graffiti
- Unauthorized Use of a Motor Vehicle in the Third Degree
- Auto Stripping in the Third Degree
- Jostling
- Criminal Possession of Stolen Property in the Fifth Degree
- Trademark Counterfeiting in the Third Degree
- Forgery in the Third Degree
- Criminal Possession of a Forged Instrument in the Third Degree
- Criminal Impersonation in the Second Degree
- False Personation
- Identify Theft in the Third Degree
- Obstructing Governmental Administration in the Second Degree
- Criminally Using Drug Paraphernalia in the Second Degree
- Promoting Gambling in the Second Degree
- Possession of Gambling Records
Who Can See A Sealed Record
The following people or agencies can still view your record:
- You, if you request it
- Your employer, if you apply for a job in law enforcement or for any position that requires you to carry a gun
- Prosecutors or law enforcement officials
- The military
- Any agency you apply to for a gun license.
Note that not all convictions can be sealed. Violent felonies, sex offenses, and some serious felonies are not eligible. Contact a criminal defense attorney for assistance with sealing your criminal record today.
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