Legal Question in Criminal Law in New York
Sealing of Convicted Felon Records Due to Hardship
I committed a Felon 22 years ago and conditional released in 1982, and paroled in 1984. It has been brought to my attention that these records can be sealed by a court due to my hardship in obtaining and keeping employment. I would like to know what I must do in order to have this done. I've had no other problems prior to and after the above conviction mentioned above. My misjudgement from my past continually haunts me today. I hope you can help. Thank you.
1 Answer from Attorneys
Re: Sealing of Convicted Felon Records Due to Hardship
An individual can apply for a certificate of relief from disabilities, an executive pardon or a certificate of good conduct. Corr. Law 751.
If none of these have been applied for or received Corr. Law Sec. 752 prohibits unfair discrimination against a previously convicted person. Corr. Law Sec. 753 lists factors concerning a refusal to hire a previously convicted person and Corr. Law Sec. 754 requires any public or private employer who has refused employment to a previously convicted person to provide a written statement setting forth the reasons for such denial within 30 days of written request for same.
Corr. Law Sec. 755 provides for enforcement by the Division of Human Rights against violations by private employers and Art. 78 proceedings against pubilc employers.
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