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Sunday, September 24, 2017
Ithaca College and Cornell University students come from many other states and even countries. For a little perspective, Cornell's class of 2019 has representatives from 79 different countries. Coming to New York State with an international driver's license or a license from another state is no problem or is it? It depends, is the most common attorney answer.
What if you make NYS your residence, buy and register a car BUT do not apply for a New York driver's license?
What if you get a New York State driver's license but fail to keep updating your address?
Friday, September 22, 2017
I can think of at least three primary reasons why someone would want their old criminal convictions sealed. On the other hand I can also think why someone may not care or see the point of sealing their old criminal history.
Why would someone want their history of criminal activity sealed from public disclosure?
Why would someone not care if their criminal history was found out?
Wednesday, September 20, 2017
|Harsh sentences are given for many reasons.|
In our criminal defense practice I always keep two things in mind:
Why does a judge sentence harshly?
Why would a judge show leniency?
Tuesday, September 19, 2017
Privacy rights are sacred. We do have a fourth amendment that guards against government intrusion. There shall be NO unreasonable (illegal) search or seizure of your person or home.
Does that same law hold in your dormitory?
Does that same law apply to your on campus apartment?
Wednesday, September 13, 2017
|Second chances shouldn't be wasted!|
Then in 2012 the DMV began applying a lifetime look back for problem drivers. Those drivers with even a 25 year old conviction were facing strict administrative license penalties. The purpose of all this new legislation was to severely limit or to revoke the driving privileges of those convicted of DWI offense, accidents, or multiple violations.
New York's recently passed sealing law, CPL section 160.59 is a sharp departure from this trend for harsher punishment. The law's primary focus is to shield criminal convictions on rap sheets from public disclosure.
Can you get your misdemeanor DWI convictions sealed under the new sealing law?
Can you get your felony DWI conviction sealed under the new sealing law?
Saturday, September 9, 2017
|Texas and New York Now Have|
DWI Sealing, Yay!
Texas just passed a criminal record sealing law similar to New York's. They call their law the "Second Chance" bill. I kinda like that because imho everyone deserves a second chance.
Up until October 2017 New York offered nothing to clear records for those with past DWI criminal convictions. The only sealing of records was for non-criminal violations, and for special case situations for drug crimes with proof of rehabilitation.
Often a DWI charge would effect your future ability to gain employment, obtain a state occupational license, or even get an internship. Up until this year New York had no expungement, and no sealing for DWI criminal convictions. We don't have expungement but in October 1, 2017 we do have a close second, sealing of your past DWI.
New York's new broad record sealing law will enable you to seal a misdemeanor and a felony DWI. The new sealing statute also modifies Executive Law so that you do not have to disclose your DWI when applying for an employment position or an occupational license.
DWI non-disclosure is now available in New York State.
Here's all you need to know about New York Sealing Law 160.59.
Friday, September 8, 2017
Law can be quite complicated sometimes even for lawyers. That is why doctors, lawyers, and the large majority of professions are specializing and focusing their practice areas. It is my hope to break down and simplify New York's new sealing CPL 160.59 law into manageable chunks.
So how do you eat an elephant? One little bite at a time.