Sealing Law Is Step in Right Direction
Travis Talbot writes: The recent victory for Raise the Age advocates came with a potential added benefit for New Yorkers of all ages. Appended to reforms aimed at more fairly dealing with the state's juvenile population is a statute that attempts to bring New York up to speed with the majority of states on the question of just how long someone should be haunted by isolated mistakes in their past.
June 20, 2017 at 02:00 PM
5 minute read
The recent victory for Raise the Age advocates came with a potential added benefit for New Yorkers of all ages. Appended to reforms aimed at more fairly dealing with the state's juvenile population, is Criminal Procedure Law §160.59. The statute provides for the sealing of past criminal convictions, under certain limited criteria, and is an attempt to bring New York up to speed with the majority of states on the question of just how long someone should be haunted by isolated mistakes in their past.
The law goes into effect this October and will allow people to apply for the sealing of up to two criminal convictions. One of those convictions can be a felony provided it's not a violent felony, a defined sex felony, or an A-level drug conviction. All misdemeanors other than forcible touching and sexual abuse are eligible for sealing. However, to be eligible, the conviction must be more than ten years old and the person must not have had any intervening criminal convictions or pending criminal charges.
The sealing law could affect tens of thousands of now law-abiding New Yorkers who suffer many collateral consequences from old convictions. These collateral consequences can range from being denied employment, certain licenses, housing, education, and critical loans. It is legalized discrimination that disproportionately affects our most vulnerable citizens and until now it has been inexorable.
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