Lawyer Monthly - December 2021 Edition

§160.59 does not permit sealing for any convictions stemming from the following: • New York State Penal Law Article §130, Sex Offenses; • New York State Penal Law Article §263, Sexual Performance by a Child; • New York State Penal Law sections under Article §125, Homicide, Abortion and Related Offenses; • An attempt to commit any ineligible offences (e.g. if one is convicted of P.L. 110/130.35, Attempted Rape in the First Degree, since the completed crime PL 130.35 is an ineligible offense, the attempted crime would be an ineligible for sealing purposes as well); • An offence for which registration as a sex offender is required. Multiple Convictions Arising Out of the Same Transaction In instances where an individual has multiple convictions of more than one eligible offence, stemming from the same transaction of occurrence, the convictions will be treated as one for sealing purposes. For example, if someone was convicted of two counts of Grand Larceny in the Fourth Degree, P.L. §155.30 that occurred as part of the same transaction, both convictions will be treated as one and sealed. In the event that the sentencing judge is no longer sitting in the jurisdiction where someone was convicted, any judge within the same jurisdiction of conviction can grant a sealing application. It is important to highlight a court can summarily deny an application if the applicant has a pending arrest or a conviction after the date of the conviction they are trying to seal.