A criminal conviction in New York can have far-reaching negative consequences.  Being found guilty of even a single misdemeanor charge means having a permanent criminal record which can cause extensive problems including but not limited to loss of employment, driving privileges, right to own a firearm, ability to own a home, receive financial aid and right to vote.  Kanoff & Mayerhofer can help you regain these rights by petitioning the court to seal a prior criminal record under New York State Penal Law § 160.59.

Tara Mayerhofer, Attorney at Law, P.C will petition the court on your behalf to seal applicable felony and misdemeanor convictions under certain conditions.  The conviction (or date of release from prison) must be over 10 years and you are only eligible if you have not had more then two misdemeanors or more than one felony and one misdemeanor conviction.   Basically New York only allows a person to seal their criminal record if it has two or fewer criminal convictions on it; only one of which can be a felony.

It is important to note there are still certain convictions that cannot be sealed.  Contact Kanoff & Mayerhofer, an experienced law firm in sealing violations to determine if your case can be properly sealed.  Kanoff & Mayerhofer will prepare the petition to be filed with the court and if necessary will appear at a hearing on the matter.  In deciding whether to seal the conviction, the court will weigh the following factors: (if you could put bullet points)

  • Amount of time since last conviction
  • The severity of offense and circumstances surrounding them
  • Any other convictions or violations on record
  • Any measures are taken to reintegrate into society, including records of
  • Employment, schooling, participation in community service or other volunteer efforts.
  • Statements made by the victim(s) of the offense in question.
  • Whether and how sealing the record will support successful reintegration into society.
  • The potential impact sealing the record could have on public safety and the
  • Public’s confidence in law enforcement and the judicial process.

The following crimes can be sealed under NYS PL 160.59 (1a): theft, petit larceny, shoplifting, disorderly conduct, possession- drug possession, assault in the 3rd degree, DWI, DUI, driving with a suspended license, trespassing, loitering, and vandalism.

The following crimes are not eligible to be sealed under NYS PL 160.59(1a): aggravated sexual assault, arson, murder, burglary, rape, robbery, sexual abuse, forcible touching, criminally negligent homicide, gang assault, stalking, vehicular manslaughter, and strangulation.  (Neither of the above two lists is exhaustive)

Tara Mayerhofer, Attorney at Law, always take any precautions to keep our client’s record as clean as possible.   Ten years is and can seem like a long time.  There are precautions that we can take immediately to protect one’s record as much as possible.  While waiting until we can file a petition to have a record sealed, we can petition the court for relief from disabilities or we can attempt to work out a plea deal with the district attorney where the plea is to a charge that is sealed.

If you or a loved one wants to have their NY criminal record sealed, contact Tara Mayerhofer, Attorney at Law.  Tara Mayerhofer has helped many people in similar situations and will offer you the best chance to put your past mistakes behind you.  Our staff conveniently speaks Spanish and our legal fees are very competitive and reasonable.  If you or a loved one is in need of assistance, call Tara Mayerhofer, Attorney at Law, P.C. at 516-738-6070, 24 hours, 7 days a week for a free consultation.  You may also contact us here.

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