Criminal Justice

INSTRUCTIONS ON HOW TO REMOVE A CRIMINAL CONVICTION IN NY

 

STEP 1: Complete the Request for Criminal Certificate of Disposition for CPL 160.59 Sealing Application and submit it to the appropriate clerk of the court.

Note: Complete a separate request for each case you will be asking the court to seal.

STEP 2: Once you receive your criminal Certificate of Disposition from the court, complete pages 1 and 2 of the Sealing Application (i.e., Notice of Motion and Affidavit in Support).

STEP 3: Serve the Notice of Motion and Affidavit in Support (i.e., pages 1 and 2 of the Sealing Application) upon the District Attorney of the applicable county. You can look up the address for each District Attorney’s office in the List of District Attorneys Offices.

Note: If you are asking the court to seal more than one conviction and convictions occurred in different counties, you must serve the District Attorney of each applicable county with copies of your papers.

STEP 4: Once the District Attorney has been served, complete page 3 of the Sealing Application (i.e., Affidavit of Service).

Note: If more than one District Attorney has been served, and the service was performed on different dates or by different people, you must complete a separate Affidavit of Service (i.e., page 3 of the Sealing Application) for each one.

STEP 5: File all pages of your Sealing Application and any supporting documentation with the appropriate court.

STEP 6:  If you want to confirm that the change was appropriately made to your criminal history record, complete the Request for CPL 160.59 Seal Verification Form  to receive verification from the New York State Division of Criminal Justice Services that a CPL 160.59 Seal has been applied to your New York State Criminal History Record.

Note: A copy of the signed court seal order must be mailed along with the verification form.

For information on serving legal papers, contact undisputedlegal.com or (212) 203-8001. Representative are ready to assist you, we serve all legal papers, call now!

HOW THE CRIMINAL COURT SYSTEM WORKS IN NEW YORK STATE

Arraignments

The arraignment is the first time you go to court in front of a Judge. At the arraignment, you are told what the charges are against you and what your rights are, like the right to a trial and the right to have an attorney appointed for you if you don’t have the money to hire one. After you have been given an attorney, you then answer the charges. You answer the charges by telling the court if you are guilty or not guilty. This is called the plea. Before the plea, your lawyer and the prosecutor may talk about settling your case without having a trial. This is called Plea Bargaining. If you plead not guilty, you will get a court date for a hearing or trial. If you plead guilty, the court will decide your punishment. This is called the Sentencing.

Plea Bargaining

Plea bargaining is when your lawyer and the prosecutor talk about settling the case without having a trial. This can be done at any time during the case, from the arraignment up until a verdict in a trial. You can ask for a plea bargain, but the prosecutor can choose not to plea bargain with you. If you agree on a plea bargain, it must be approved by the Judge. Only the Judge can decide your sentence. For example, you may agree to plead guilty in exchange for the prosecutor’s promise to ask the Judge for a sentence with no jail time, just probation. Or, you and the prosecutor may agree that you will plead guilty to a lesser charge that has a lower range of punishments for the Judge to choose from at your Sentencing.

CRIME VICTIMS RIGHTS IN NEW YORK

Was your money or property stolen? Were you hurt or stalked? Maybe your identity was taken? If so, you are a crime victim. If an arrest was made and the police told you that the case is going to court, you may have questions about the criminal case. A criminal case is not the same as a civil case. In a civil case, you start a court case for money or damages against the person who injured you. But, in a criminal case, you can’t bring criminal charges against the person that injured you. You go to the police and the police bring the criminal charges. Criminal cases are handled by a lawyer from the District Attorney’s Office on behalf of the People of the State of New York. The lawyer is called a prosecutor. As a crime victim you are not a party and you do not need to hire an attorney. What you have to say about what happened is part of the prosecutor’s case against the defendant. But, you do have certain rights in the case. If you are a crime victim, an immediate family member of a person who was killed, or an immediate family member or guardian of a child crime victim, this section is for you.

Things to Think About Before You Represent Yourself in Court

Try to Get a Lawyer

The court system can be confusing and it is a good idea to get a lawyer if you can. The law, the proofs necessary to present your case, and the procedural rules governing cases in the Law Division, Civil Part are complex. Since valuable claims or potentially heavy judgments may be at stake, most litigants appearing in the Law Division, Civil Part have a lawyer. If you are being sued, please contact your insurance company to see if they might provide a lawyer for you. Most likely your opponent will be represented by a lawyer. It is recommended that you make every effort to obtain the assistance of a lawyer. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. The telephone number can be found online or in your local yellow pages under “Legal Aid” or “Legal Services.”

How to remove your criminal and/or juvenile record in NJ

What is an Expungement?

An expungement is the removal and isolation of all records on file within any court, detention or correctional facility, law enforcement, criminal justice agency or juvenile justice agency concerning a person’s apprehension, arrest, detention, trial or disposition of an offense within the criminal or juvenile justice system. Unless otherwise provided by law, if an order for expungement is granted, the adult arrest, the record of law enforcement taking you into custody as a juvenile, conviction, adjudication of delinquency, disposition and any related proceedings are considered not to have occurred. See the section on Comparison of Adult and Juvenile Terms for a glossary of terms that are specific to juvenile court.

The New Jersey expungement law states in detail who is eligible for an expungement.