Wednesday, September 6, 2017

Using the New York Sealing Law in Multiple Courts of Conviction

Motion to Seal Criminal Record
Which New York Court?

New York will now have a sealing law in place for criminal misdemeanors and felonies beginning in October of 2017. Look at our previous blog post to see if your convictions qualify and when you can proceed to seal them. The new sealing law under New York CPL section 160.59 permits up to two criminal convictions to be sealed.

What if you have a misdemeanor conviction located in one court, and a felony conviction in yet another court and yet another county, which one do you work on to seal both? How do you get to seal both criminal convictions? What if you have two criminal convictions that are misdemeanors in two different courts? How is application made to seal both misdemeanor convictions?

The New York Criminal Procedure Sealing Law Section 160.59 Must be Applied to the Highest Level (county court) if One conviction is a Felony and the other Conviction is a Misdemeanor  

If you have offenses in two different courts, first look to the higher level offense. If one conviction is in a city, village, or city court (misdemeanor level), and the other conviction is in a county court, (felony level) then the application for sealing is filed in the higher level court.

In New York State County courts hear felony level offenses. Felony level offenses are those where the punishment is greater than a year of county jail. Only county judges can seal these types of criminal convictions.

The New York Criminal Procedure Law Section 160.59 Must be Applied to the Last Court of Conviction if Both Convictions are Misdemeanors 

If both offenses are misdemeanor level offenses then application goes to the latest date court of conviction. Get the certificate of disposition from both courts. The court and judge with the latest sentencing date will preside over the sealing application for both offenses.

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