Clear Your Record When Eligibility Standards Are Met
Criminal Record Sealing in White Plains or a surrounding area for individuals seeking employment or housing after conviction
Law Office of Michael D. Litman, PLLC assists clients in White Plains, Peekskill, Yonkers, or a surrounding area with sealing criminal records when they meet the statutory requirements under New York Criminal Procedure Law, helping individuals remove barriers to employment, professional licensing, and housing applications. You may have completed a sentence years ago but continue to face rejection from employers or landlords who conduct background checks, and sealing provides a legal mechanism to prevent most entities from accessing your conviction history. Not every conviction qualifies, and the process requires careful review of your case history, the classification of the offense, and the time elapsed since sentencing.
Record sealing under CPL 160.59 allows for the sealing of up to two convictions, including one felony and one misdemeanor, or up to two misdemeanors, provided the offenses are eligible and no disqualifying convictions appear on your record. Certain offenses, including sex offenses and most Class A felonies, cannot be sealed. The firm reviews your criminal history, confirms eligibility, prepares the sealing application, and files it with the court that entered the original conviction. The application includes a personal statement explaining how the conviction has affected your life and why sealing would serve the interests of justice.
If you believe you qualify for record sealing, contact the firm to review your conviction history and determine whether your case meets the statutory criteria.
How the Sealing Process Affects Your Legal Record
Your attorney will obtain certified copies of your conviction records, verify the offense classifications, and confirm that the required waiting period has passed. For most misdemeanors, the waiting period is three years from sentencing or release from incarceration, whichever is later, and for felonies, the waiting period is ten years. The application must include details about your employment, education, community involvement, and any circumstances that demonstrate rehabilitation. Once filed, the court may schedule a hearing if the district attorney opposes the application or if the judge requires additional information.
After the sealing order is granted, the conviction will not appear in most background checks conducted by private employers, landlords, or licensing agencies. Law Office of Michael D. Litman, PLLC explains what sealing does and does not accomplish, including the fact that law enforcement and certain government agencies may still access sealed records for specific purposes. You will notice that job applications no longer require disclosure of the sealed conviction, and most tenant screening services will not report it. The sealing order does not erase the conviction or restore firearm rights, and it does not prevent the conviction from being used in future criminal proceedings if you are charged with a new offense.
The firm represents clients at sealing hearings when the district attorney files opposition or when the court requests oral argument. Representation does not extend to federal convictions, out-of-state convictions, or cases where the individual has pending criminal charges. Sealing eligibility is determined by statute, and the firm does not guarantee approval, as the decision rests with the court after reviewing the application and any opposition.
Sealing a criminal record involves specific legal standards and procedural steps, and the questions below address the most common concerns.
Common Questions About Sealing Your Criminal Record
Sex offenses, Class A felonies other than Class A-II drug offenses, and convictions that resulted in mandatory registration under the Sex Offender Registration Act cannot be sealed under New York law.
What types of convictions cannot be sealed?
The timeline varies depending on court schedules and whether the district attorney opposes the application, but most cases are resolved within three to six months after filing.
How long does the sealing process take?
Once the sealing order is entered, the conviction will be removed from most commercial background check databases within a few weeks, though it may take longer for all third-party services to update their records.
When will employers stop seeing the conviction?
Your attorney will prepare a response to the opposition and may present evidence of rehabilitation, employment history, and community ties at a hearing before the court makes a final decision.
What happens if the district attorney opposes the sealing?
The legislature created the sealing statute to balance public safety concerns with the need to reduce barriers to reentry for individuals who have demonstrated rehabilitation, excluding offenses deemed too serious or involving vulnerable populations.
Why does New York allow sealing of some convictions but not others?
If you completed your sentence and meet the waiting period requirements, reach out to the Law Office of Michael D. Litman, PLLC to review your eligibility and begin the sealing application process. The sooner you start, the sooner you can remove the conviction from most background checks and move forward with employment and housing applications.