Sealing Criminal Convictions

Long after any sentence has been served, a criminal record can continue to wreak havoc with your life and limit your opportunities to build your future. It can make it almost impossible to find a decent job. You may be denied housing or disqualified from receiving public benefits. You can find yourself being rejected from educational programs and denied certain professional licenses. It can seem that you will have to carry your past mistakes around with you for the rest of your life. What can you do? Who can your turn to for help?

Unlike some other states, New York has no laws to erase or “expunge” criminal convictions. However, New York does have a process under New York Criminal Procedure Law Section 160.59 called “sealing.” This process can be deceptively complex and full of pitfalls for anyone not familiar with the application of this law. You need an experienced and aggressive criminal defense attorney to guide you through the process. The Law Offices of Jason Bassett, P.C. helps people get their criminal convictions sealed so they can move on with their lives. You may now be asking yourself, “Can I get my criminal record sealed?”

To be eligible for sealing, you need to have been crime-free for at least 10 years since the date of your last conviction or release from jail/prison. Generally, you can only make a motion to have up to 2 misdemeanor convictions or 1 felony and 1 misdemeanor conviction sealed. However, even if you have more than 2 convictions, they may all be eligible for sealing if they are related to the same 1 or 2 incidents. For example, if you were charged and convicted of multiple crimes during a single incident, the court may decide to treat the multiple convictions as 1 conviction. Sex offenses along with violent felonies and other serious felonies are not eligible for sealing (see “List of Offenses Not Eligible for Sealing” below). You cannot apply to have any convictions sealed if you have a current criminal case pending. Once a court approves your motion, all official court and Division of Criminal Justice Services records relating to those specific arrests, prosecutions, and convictions will be sealed. Members of the public – including employers and housing agencies – cannot see any conviction that is sealed. Sealed criminal convictions can only be seen by federal, state, and local law enforcement and a limited number of state agencies (see “List of Agencies Who Can See Sealed Convictions” below).

To have the best possible chance of succeeding on a motion to seal criminal convictions, under N.Y. C.P.L. Section 160.59, you need a skilled and experienced criminal lawyer to prepare your motion and, if necessary, argue in court on your behalf. The Law Offices of Jason Bassett, P.C. will interview you and evaluate your prior record, obtain all the necessary information and documentation, and prepare a comprehensive motion to convince the court that you deserve a second chance. Jason Bassett, Esq. brings a unique combination of skill, experience and zealous advocacy to the representation of all clients. He has dedicated his practice to protecting the rights of individuals, and that includes the right to escape the limitations that criminal records can often impose. Let the Law Offices of Jason Bassett, P.C. help you get some of your life back.

List Of Offenses Not Eligible For Sealing:

Sex Offenses:

• PL §130.20 – Sexual Misconduct
• PL §130.25 – Rape 3rd Degree
• PL §130.30 – Rape 2nd Degree
• PL §130.35 – Rape 1st Degree
• PL §130.40 – Criminal Sexual Act 3rd Degree
• PL §130.45 – Criminal Sexual Act 2nd Degree
• PL §130.50 – Criminal Sexual Act 1st Degree
• PL §130.52 – Forcible Touching
• PL §130.53 – Persistent Sexual Abuse
• PL §130.55 – Sexual Abuse 3rd Degree
• PL §130.60 – Sexual Abuse 2nd Degree
• PL §130.65 – Sexual Abuse 1st Degree
• PL §130.65-a – Aggravated Sexual Abuse 4th Degree
• PL §130.66 – Aggravated Sexual Abuse 3rd Degree
• PL §130.67 – Aggravated Sexual Abuse 2nd Degree
• PL §130.70 – Aggravated Sexual Abuse 1st Degree
• PL §130.75 – Course of Sexual Conduct Against a Child 1st Degree
• PL §130.80 – Course of Sexual Conduct Against a Child 2nd Degree
• PL §130.85 – Female Genital Mutilation
• PL §130.90 – Facilitating a Sex Offense with a Controlled Substance
• PL §130.91 – Sexually Motivated Felony
• PL §130.95 – Predatory Sexual Assault
• PL §130.96 – Predatory Sexual Assault Against a Child
• PL §263.05 – Use of a Child in a Sexual Performance
• PL §263.10 – Promoting an Obscene Sexual Performance by a Child
• PL §263.11 – Possessing an Obscene Sexual Performance by a Child
• PL §263.15 – Promoting a Sexual Performance by a Child
• PL §263.16 – Possessing a Sexual Performance by a Child
• PL §263.30 – Facilitating a Sexual Performance by a Child with a Controlled Substance or Alcohol
• Any conviction that requires you to register as a Sex Offender

Homicide Offenses:

• PL §125.10 – Criminally Negligent Homicide
• PL §125.11 – Aggravated Criminally Negligent Homicide
• PL §125.12 – Vehicular Manslaughter 2nd Degree
• PL §125.13 – Vehicular Manslaughter 1st Degree
• PL §125.14 – Aggravated Vehicular Homicide
• PL §125.15 – Manslaughter 2nd Degree
• PL §125.20 – Manslaughter 1st Degree
• PL §125.21 – Aggravated Manslaughter 2nd Degree
• PL §125.22 – Aggravated Manslaughter 1st Degree
• PL §125.25 – Murder 2nd Degree
• PL §125.26 – Aggravated Murder
• PL §125.27 – Murder 1st Degree
• PL §125.40 – Abortion 2nd Degree
• PL §125.45 – Abortion 1st Degree
• PL §125.50 – Self-Abortion 2nd Degree
• PL §125.55 – Self Abortion 1st Degree
• PL §125.60 – Issuing Abortion Articles

Class A Felony Offenses:

• Any Class A felony offense

Class B Violent Felony Offenses:

• PL §110/125.25 – Attempted Murder 2nd Degree
• PL §110/135.25 – Attempted Kidnapping 1st Degree
• PL §110/150.20 – Attempted Arson 1st Degree
• PL §125.20 – Manslaughter 1st Degree
• PL §125.22 – Aggravated Manslaughter 1st Degree
• PL §130.35 – Rape 1st Degree
• PL §130.50 – Criminal Sexual Act 1st Degree
• PL §130.70 – Aggravated Sexual Abuse 1st Degree
• PL §130.75 – Course of Sexual Conduct Against a Child 1st Degree
• PL §120.10 – Assault 1st Degree
• PL §135.20 – Kidnapping 2nd Degree
• PL §140.30 – Burglary 1st Degree
• PL §150.15 – Arson 2nd Degree
• PL §160.15 – Robbery 1st Degree
• PL §230.34(5)(a)&(b) – Sex Trafficking
• PL §255.27 – Incest 1st Degree
• PL §265.04 – Criminal Possession of a Weapon 1st Degree
• PL §265.09 – Criminal Use of a Firearm 1st Degree
• PL §265.13 – Criminal Sale of a Firearm 1st Degree
• PL §120.11 – Aggravated Assault upon a Police Officer or a Peace Officer
• PL §120.07 – Gang Assault 1st Degree
• PL §215.17 – Intimidating a Victim or Witness 1st Degree
• PL §490.35 – Hindering Prosecution of Terrorism 1st Degree
• PL §490.40 – Criminal Possession of a Chemical Weapon or Biological Weapon 2nd Degree
• PL §490.47 – Criminal Use of a Chemical Weapon or Biological Weapon 3rd Degree

Class C Violent Felony Offenses:

• An attempt to commit any of the Class B felony offenses listed above
• PL §125.11 – Aggravated Criminally Negligent Homicide
• PL §125.21 – Aggravated Manslaughter 2nd Degree
• PL §130.67 – Aggravated Sexual Abuse 2nd Degree
• PL §120.08 – Assault on a Peace Officer, Police Officer, Fireman or Emergency Medical Services Professional
• PL §120.09 – Assault on a Judge
• PL §120.06 – Gang Assault 2nd Degree
• PL §121.13 – Strangulation 1st Degree
• PL §140.25 – Burglary 2nd Degree
• PL §160.10 – Robbery 2nd Degree
• PL §265.03 – Criminal Possession of a Weapon 2nd Degree
• PL §265.08 – Criminal Use of a Firearm 2nd Degree
• PL §265.12 – Criminal Sale of a Firearm 2nd Degree
• PL §265.14 – Criminal Sale of a Firearm with the Aid of a Minor
• PL §265.19 – Aggravated Criminal Possession of a Weapon
• PL §490.15 – Soliciting or Providing Support for an Act of Terrorism 1st Degree
• PL §490.30 – Hindering Prosecution of Terrorism 2nd Degree
• PL §490.37 – Criminal Possession of a Chemical Weapon or Biological Weapon 3rd Degree

Class D Violent Felony Offenses:

• An attempt to commit any of the Class C violent felony offenses listed above
• PL §120.02 – Reckless Assault of a Child
• PL §120.05 – Assault 2nd Degree
• PL §120.18 – Menacing a Police Officer or Peace Officer
• PL §120.60 – Stalking 1st Degree
• PL §121.12 – Strangulation 2nd Degree
• PL §130.30 – Rape 2nd Degree
• PL §130.45 – Criminal Sexual Act 2nd Degree
• PL §130.65 – Sexual abuse 1st Degree
• PL §130.80 – Course of Sexual Conduct Against a Child 2nd Degree
• PL §130.66 – Aggravated Sexual Abuse 3rd Degree
• PL §130.90 – Facilitating a Sex Offense with a Controlled Substance
• PL §135.35 (3)(a)&(b) – Labor Trafficking
• PL §265.02 (5), (6), (7), (8), (9) or (10) – Criminal Possession of a Weapon 3rd Degree
• PL §265.11 – Criminal Sale of a Firearm 3rd Degree
• PL §215.16 – Intimidating a Victim or Witness 2nd Degree
• PL §490.10 – Soliciting or Providing Support for an Act of Terrorism 2nd Degree
• PL §490.20 – Making a Terroristic Threat
• PL §240.60 – Falsely Reporting an Incident 1st Degree
• PL §240.62 – Placing a False Bomb or Hazardous Substance 1st Degree
• PL §240.63 – Placing a False Bomb or Hazardous Substance in a Sports Stadium or Arena, Mass Transportation Facility or Enclosed Shopping Mall
• PL §405.18 – Aggravated Unpermitted Use of Indoor Pyrotechnics 1st Degree

Class E Violent Felony Offenses:

• PL §110/265.02 (5), (6), (7), or (8) – Attempted Criminal Possession of a Weapon 3rd Degree as a lesser included offense of that section as defined in CPL §220.20
• PL §130.53 – Persistent Sexual Abuse
• PL §130.65-a – Aggravated Sexual Abuse 4th Degree
• PL §240.55 – Falsely Reporting an Incident 2nd Degree
• PL §240.61 – Placing a False Bomb or Hazardous Substance 2nd Degree

Conspiracy Offenses:

• PL §105.10 – Conspiracy 4th Degree when the crime you conspired to commit is one of the charges listed above
• PL §105.13 – Conspiracy 3rd Degree when the crime you conspired to commit is one of the charges listed above
• PL §105.15 – Conspiracy 2nd Degree when the crime you conspired to commit is one of the charges listed above
• PL §105.17 – Conspiracy 1st Degree when the crime you conspired to commit is one of the charges listed above

List Of Agencies That Can See Sealed Convictions:

• Federal, state, and local law enforcement agencies acting within scope of their law enforcement duties;
• Courts in the New York Unified Court System;
• Probation departments;
• Sheriffs’ offices;
• District Attorneys’ offices;
• The NY State Department of Corrections and Community Supervision;
• Department of Corrections of any municipality within New York;
• The Financial Frauds and Consumer Protection Unit of the State Department of Financial Services;
• The Office of Professional Medical Conduct of the State Department of Health;
• The Child Protective Services Units of any local departments of social services;
• The Office of Medicaid Inspector General;
• The Temporary State Commission of Investigation;
• The Onondaga County Center for Forensic Sciences Laboratory when acting within the scope of its law enforcement duties;
• The Division of Forensic Services of the Nassau County Medical Examiner’s Office when acting within the scope of its law enforcement duties;
• Any agency that issues firearm licenses or gun permits; and
• Entities and agencies employing peace officers/police officers.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/sealing-criminal-convictions/ Sealing Criminal Convictions

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When Does The Prosecutor Generally Offer A Plea Deal In A Criminal Case?

An offer of a plea bargain can come at just about any time during a criminal case, however most prosecutors are not completely familiar with the case in the early stages so most offers are made after some time has passed. For a more basic matter, it should only take a little while for the prosecutor to review the case, get up to speed, and consider what they’re going to offer. It’s been my experience that the offers tend to be more favorable when you have hired somebody who has a reputation for being an Exceptional Criminal Defense Attorney. Prosecutors realize that no case where I represent the defendant is a slam dunk. They may make an offer early on, but as they get closer to actually having to try the matter the offers tend to get better.

There is something of a myth that goes around: some people believe that a prosecutor always makes 3 offers. I don’t know why 3 has become the magic number, but there is no such requirement. Sometimes multiple offers are made, sometimes they make only one offer and stick with it, and occasionally there’s no offer given. Having an Experienced Criminal Defense Attorney with a reputation for not being afraid to take a case to trial gives you the best chance for getting the best possible plea offer.

What Factors Do You Consider In Determining Whether To Accept a Plea Offer Or Not?

The first things we take a look at are what evidence the prosecution could offer at a trial and what the likelihood of conviction might be. You also have to consider the client’s criminal record; some criminal convictions can be used against a defendant if they testify at a trial and certain prior criminal convictions can increase the sentence a defendant may face. Another thing you have to consider is what degree of risk can a person accept. Some people would prefer to take a plea bargain for a sure thing and avoid a possibly stiffer sentence, while someone else may prefer to go to trial.

How Common Is It For Criminal Cases To Go All The Way To Trial In New York?

This is actually something that’s been studied quite a bit. There is a phenomenon that’s been referred to as the “Trial Penalty” – it’s the idea that people are punished so much more severely after trial than what they would have received had they pled guilty that they are virtually coerced into pleading guilty (there is some debate as to whether or not this is a violation of a person’s Sixth Amendment Right to a Trial). Considering what one often risks by not accepting a plea deal, it’s not all that common for people to take their cases to trial. People charged with crimes are put in a position that they are too afraid of the potential penalties to exercise their rights and will accept a bad plea deal. This situation is only made worse if they have hired an attorney who quite frankly doesn’t take cases to trial. The lawyer knows that they’re not a particularly good trial attorney and the prosecutors know it too. The prosecutors will not offer those attorneys the best possible deals because they know they don’t need to in order to close their case – those defense attorneys will take any deal they can get.

As for myself, because I have spent my career gaining a reputation as an Exceptional Trial Attorney, prosecutors offer my clients the best possible plea bargains because they realize I will test their case to the limit and a “Not Guilty” verdict is always a very real possibility.

Will Going To Trial Put Me At Risk Of Facing A Harsher Sentence Than If I Took The Plea?

That is possible. The entire lure of a plea bargain is that you are offered less than the maximum penalty that you could face if you were to go to trial. The prosecution’s case must be put under a microscope by an Experienced Criminal Defendant Attorney before you can make an informed decision as to whether you should proceed to trial or to accept a plea offer.

What Should I Expect Throughout The Trial Process In My Criminal Case In New York?

The trial process begins with jury selection. At the Federal Level, the judge asks all the questions of the potential jurors. In State Court, both the prosecutor and the defense attorney are allowed to question the potential jurors directly as part of a process known as “voir dire”. After the potential jurors are questioned, each side can challenge and seek to remove a potential juror “for cause,” meaning that potential juror has expressed some sort of bias or otherwise demonstrated an inability to be fair and impartial. Each side is also given a certain number of what are called “peremptory challenges” – these challenges can be exercised and a juror can be removed without any reason having to be given (the only exceptions being jurors can’t be removed simply on the basis of race or gender).

Once a jury of the required number of jurors is selected and sworn in, the judge will give the jury some preliminary instructions on the law. The trial will then proceed to the opening statements, during which the prosecution and the defense will tell the jury what they expect the evidence with show. At both the State and the Federal level, the prosecution goes first. While the defense is allowed to reserve their opening statement until the close of the prosecution’s case, that right is very rarely exercised. It’s commonly considered very important that the jury hears the defense version of events as early as possible. After that, the prosecution presents its case through witness testimony and the introduction of evidence. Once the prosecution calls a witness to the stand, the prosecutor questions them (“direct examination”) and then the defense attorney gets the opportunity to question the witness (“cross-examination”). The attorneys will often argue to the Court by objecting to the admission of certain items of evidence or to certain questions asked by the opposition.

Once the prosecution has completed presented their case, the defense may or may not put forth an actual “affirmative case” (calling own witnesses or seeking to enter items of evidence). There are a variety of considerations that go into this decision, the most common one being that the defense believes that the prosecution has not put forth a sufficient case and doesn’t want to inadvertently fill in the blanks for the prosecution. However, the defense may not be content to only demonstrate the holes in the prosecution’s case but decide to seek to admit evidence, call witnesses for the defense, and/or have the defendant testify even though the defendant can’t be compelled to take the stand. After the defense rests, both sides make their closing arguments. At the Federal Level, the prosecution goes first, then the defense attorney, and then the prosecutor gets a quick rebuttal at the end. In State Court, the defense attorney gives their closing argument first and the prosecutor gets to go last.

At the end of the closing arguments, the Jury is given legal instructions by the Judge. The Jury goes into a private sessions called deliberations. These can last anywhere from a few hours to a several days. If the jury can reach a verdict, it is either “Guilty” or “Not Guilty” and it must be unanimous. If the jurors cannot come to a unanimous verdict, the Judge has to declare mistrial. After a mistrial, the prosecution has to decide whether or not to retry the case.

For more information on Plea Offers On Criminal Cases In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/when-does-the-prosecutor-generally-offer-a-plea-deal-in-a-criminal-case/ When Does The Prosecutor Generally Offer A Plea Deal In A Criminal Case?

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