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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.
Client Testimonials
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THE BEST LAWYER ANYONE COULD ASK FOR.
The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.
Sealing Criminal Records in New York: Understanding the Process
If a person is convicted of a crime in New York, they often assume this will remain on their permanent record for the rest of their life. For most instances, this is true. There is no process for erasure, or expungement, of a criminal record in New York. There are however, circumstances, under which the criminal record can be sealed. In October 2017, there was a new court rule which went into effect that broadened the scope of when a record can be sealed. When a record is sealed, it’s only visible to certain government entities, when applying for a job with a very specific requirement, or if a person is charged with a crime in the future.
Experienced New York / NYC record sealing lawyers like those at the Spodek Law Group can help prospective clients go through record sealing process – in addition to preparing them for upcoming changes to the record sealing law.
Current Record Sealing Procedure
In some situations, the person’s criminal record will be sealed after one year – without needing any examples, examples of where this will happen are:
Cases where the verdict was not guilty
Cases where the crime was done by a child
Most traffic violations (except Driving While Ability Impaired)
For the majority of all misdemeanors and felony convictions, there’s no procedure to have the records sealed. The only exception for to this rule is if the crime is classified as being committed because of drug abuse. In order to get the record sealed, a person needs to comply with all the diversionary programs, have no other pending criminal charges, and complete all non-diversionary components of the sentence. If all three of the conditions are met, then a motion can be made with the court in order to seal the record. In order to take action, a person shouldn’t proceed without a record sealing attorney.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Record sealing lawyers at the Spodek Law Group can help clients who fulfill the criteria to file the motion and argue for its approval in front of a judge.
Coming Changes
With the passage of New York Criminal Procedure Law 160.59, the number of convictions which can be sealed has expanded. There are strict categories of people to whom this new law will apply. In order to take advantage of this new procedure, it’s necessary that the convictions be:
More than 10 years old. The date begins upon the date of conviction if no jail time was imposed, or upon release from jail.
Charges must not be a sex offense, violent felony, or class A felony
Sealing can be requested for a maximum of 2 convictions, only one of which can be a felony
If someone’s convictions meet the criteria above, a petition is made to the court where the more serious of the two convictions is entered to be sealed. The petition has to contain a sworn statement mentioning why the sealing should be granted. The DA’s office has 45 days to object to the record being sealed. If no objection is made, then the court can seal the record without a formal hearing. When such a petition is granted, all of the official records of the convictions will be sealed and made unavailable to any private person/public agency, with the exception of courts, correction agencies, firearm licensing authorities, and law enforcement individuals.
The Purpose of Sealing a Criminal Record
While court systems, and law enforcement, will know a person was convicted of a crime, all private organizations will not. This means a criminal background check will come back without the convictions being visible. Other benefits of sealing a criminal record include restoring your right to vote, clearing the path for student loan applications and other housing assistance. To begin, contact our NYC record sealing lawyers.
In New York State, criminal records are sealed in a variety of scenarios. The below list is detailed in CPL 160.50.
Decline to Prosecute (“DP’d or Nolle Prosequi – this is when a Assistant District Attorney from the Early Case Assessment Bureau declines to prosecute)
Decline to File Accusatory Instrument ( This is when NYPD declines to file criminal charges)
Order Setting Aside the Verdict
Order Vacating a Judgment
Habeas Appeal
If your criminal case was ended by above of the above then the New York State Department of Criminal Justice System, the NYPD or other Police agency, the District Attorney’s Office and the Court records are sealed.
Can Felony Convictions Be Sealed in NY?
No
Can Misdemeanor Convictions Be Sealed in NY?
No
What Does the Sealing of NY Criminal Records Mean?
The sealing of criminal records means that the actual court file remains, however it is sealed from the public view.
What Does Expungement of NY Criminal Records Mean?
The expungement of criminal records is the physical removal of criminal records. This occurs in various jurisdictions, however it is not available under NY law.
The Sealing of Criminal Records Process
The clerk of the court must send notification to the New York State Department of Criminal Justice System and to the relevant police agency
Every photograph of the defendant, fingerprint of the defendant, or palm print of the defendant must be returned to the person who received the favorable disposition of destroyed. Any police departments and law enforcement agencies who have photographs of the defendant, fingerprints or palm prints and have shared them with other agencies or jurisdictions must track them down have them destroyed. However, digital copies of fingerprints may be retained on file, if the individual already has a fingerprint on file and it has not been sealed already.
All of the official records and papers, including but not limited to copies of published opinions by the Judge shall be sealed and not made available to any person, public or private agency.
When Can There Be an Unsealing of the Criminal Records?
There are certain statutorily defined circumstances in which sealed records can be released by court order. See CPL 160.50(e)
The client requests it
The client applies for a gun permit or license
The client applies for a job as a law enforcement or peace officer
The client is arrested while on parole or probation
If a prosecutor or law enforcement official establishes that “justice requires”
What is the Difference Between the Sealing of NY Criminal Records under CPL 160.50 vs. CPL 160.55?
The sealing of NY criminal records under CPL 160.50 occurs when the criminal charges are dismissed completely, whereas the sealing of NY criminal records under CPL 160.55 occurs when the criminal charges are reduced from a felony or misdemeanor to a violation. Under CPL 160.50 all records are destroyed. Under CPL 160.55 the court records are still available.
Todd A. Spodek is a NY criminal lawyer with Spodek Law Group P.C.
