Seal New York Felony Conviction

SEAL NY FELONY CONVICTION

DO YOU HAVE A NEW YORK CRIMINAL RECORD THAT IS MORE TEN YEARS OLD?

Under THE new § 160.59 of New York’s Criminal Procedure Law, courts CAN seal:

  • up to two convictions (only one of which may be a felony)
  • APPLIES TO all crimes other than sex offenses, class A and violent felonies,
  • 10-year period runs from LATER OF the date of conviction or release from prison.
  • Sealed records will remain available to law enforcement & some licensing agencies but will be unavailable to the public.

Looking to hire a Lawyer to help you apply to seal your record? Contact us here: https://goo.gl/forms/qq16N5ZD1w8VifCs1

Check out news coverage of this exciting new law:

http://www.nydailynews.com/new-york/new-law-helps-new-yorkers-old-convictions-seal-records-article-1.3485605

 

FAQ:

Does NY expunge criminal records?

Can you get a felony expunged in New York?

Can I have a felony removed from my record?

No. Generally, you can not have your criminal record expunged in New York State. You can get such records sealed in certain cases.

Up to two convictions can be sealed (but no more than one felony).

What is the difference between expunging a criminal record and sealing a criminal record?

Understanding expungement vs. sealing of a criminal record, one must understand the meaning of the terms

Expunge meaning to destroy, erase or delete would mean that the record went away.

To seal a criminal record in this context means to conceal or hide the record. To put it away so that it can not be viewed. No different than being sealed in a place and concealed rather than destroyed.

This distinction is important in understanding what happens when a criminal record is sealed in NY. As mentioned above, there are instances when the record would still be available to government officials and potentially in some other limited cases.

What types of convictions cannot be sealed in NY?

Generally, sex offenses, class A and violent felonies can not be sealed in NY.

How long does it take to have a criminal record sealed in NY?

There is no correct answer. However, because the District Attorney in the County of conviction has 45 days to file an objection, it is generally safe to say that it takes at least 46 days.

 

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Jamel Oeser-Sweat & SCAN-NY Featured in PBS 13’s Treasures of New York!

Jamel Oeser-Sweat on PBS Channel 13

Jamel Oeser-Sweat on PBS Channel 13

Jamel Oeser-Sweat was recently featured in connection with his work with the Supportive Children’s Advocacy Network (SCAN-NY) on PBS Channel 13’s hit show Treasures of New York: Settlement Houses!

Check out this clip from the show: Settlement House Work in East Harlem.

Check out the show here: Treasures of New York: Settlement Houses

 

2014 New York Law Journal Rising Star: Jamel Oeser-Sweat, Esq.

New York Law Journal Rising Star Oeser SweatCongratulations to Jamel Oeser-Sweat, Esq. for being named a

2014 Rising Star Under 40 by the New York Law Journal!

 

 

 

The New York Law Journal had a panel of 20 esteemed judges pick 42 Young Lawyers for the distinction of being Rising Stars Under 40 based on their contributions and accomplishments to the Legal Profession and Community.  This year, Jamel Oeser-Sweat of Oeser-Sweat, P.C. was chosen as a 2014 New York Law Journal Rising Star!

For more information, check out the New York Law Journal Website for information: CLICK HERE FOR NEW YORK LAW JOURNAL 2014 RISING STARS UNDER 40 PAGE

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What Are Prenuptial Agreements

Prenuptial Agreements

WHAT IS A PRENUP?

PRENUPTIAL AGREEMENTS IN NEW YORK & WHY YOU SHOULD HAVE ONE!

Written by: Jamel Oeser-Sweat, Esq.

Copyright 2012

Prenuptial Agreements New York Lawyer

MOST PEOPLE DON’T BELIEVE THEY NEED A PRENUPTIAL AGREEMENT!!!

IF YOU ARE GETTING MARRIED, YOU NEED A PRENUPTIAL AGREEMENT!!

It’s easy to say “Rich People Use Prenuptial Agreements!” However, such a statement shows a lack of understanding of what a prenuptial agreement is. What is a prenuptial agreement?  What are Prenuptial agreements? If you are getting married, ask yourself the following questions:

  • Who is going to pay the bills?
  • Is there going to be a joint bank account?
  • Once we get married, when I get my paycheck, does the money go into a separate account or into a joint account?
  • Do we want children? How many?
  • When are we planning to have children?
  • Is someone planning to go back to school?
  • Am I in school getting a professional degree? Will the degree be marital property?
  • Who will own my business once I get married?
  • Do I have life insurance?
  • Do I have a will?
  • What if my parents get sick, can they move into the house?
  • Are we going to have pets? Do I like pets?
  • How are we going to buy the place that are going to live in?
  • I have a small savings. If we need money, am I going to get my money back?
  • If we break up before getting married, what is going to happen to the ring?
  • What is a prenup?

Most of these questions are not “rich people” questions. But the answers to these questions and others like them can be a BIG DEAL! A prenuptial agreement does not just deal with big assets. A prenuptial agreement is a road map. An agenda of sorts for a life together. It should be used to start a discussion that will lead a couple to make the decisions that will be necessary to build a life together. Today’s boyfriend is tomorrow’s husband. Today’s girlfriend is tomorrow’s wife. Don’t wait until something goes wrong and you are considering divorce and hiring a divorce lawyer to ask these questions or address these topics. Once you are married, it is already more difficult to start dealing with the above questions and questions like them without creating a level of stress and duress that could have been avoided by a premarital conversation and a consultation with a lawyer that is familiar with New York Law.

Prenuptial Agreement

DID YOU KNOW THAT IN NEW YORK STATE, A DEGREE OR LICENSE OBTAINED DURING THE MARRIAGE CAN (AND PROBABLY WILL) BE CONSIDERED MARITAL PROPERTY?

In New York, for divorce purposes, there are two types of property: Separate and Marital. Separate Property is property you had before the marriage. It can even be property that you would have had and gotten outside of the marriage, such as an inheritance. Marital Property is property obtained during the marriage. So you buy a house before you get married, it is separate property. Buy it after, it is marital property. However, the law really is not as simple as this explanation makes it seem. There are exceptions and ways to commingle separate property with marital property. A lawyer can explain these things to you better.

Degrees and licenses obtained during a marriage can be marital property. We should say are marital property, but lawyers don’t speak in absolutes (and this is not intended in any way to create an attorney-client relationship). That means that if you go to law school or medical school, or even clown school, while you are married, the degree is marital property. If you get divorced, it is part of the distribution of assets or equitable distribution that must be completed in order to get a divorce. Some of your future income earned as a clown may end up going to your wife! Why does that make you sad? Smile, you are a clown!

Prenuptial Agreements

COMMUNICATION IS THE KEY TO A SUCCESSFUL MARRIAGE!!

Most people view prenuptial agreements with hostility and disdain. It can be an uncomfortable subject for many people. However, our firm does not take the view that a prenuptial agreement is about protecting property. Sure, it can do that. However, when we draft prenuptial agreements, we are drafting an agenda. A prenuptial agreement should be used as an agenda for discussion. The prenuptial agreement should not just cover property, wealth and assets. It should memorialize decisions made during one or more conversations in which a couple plans how hey decide to live their lives. Having a premarital discussion with your future life partner should NEVER be uncomfortable. This discussion should not center on property. You should discuss the type of lifestyle that you want to have, how many children you want to have, a five-year plan, parents, siblings, where you want to live, how bills are paid, and a road map for a life together should be constructed. Of course, it is said “life is what happens while you are planning.” That being said, as a couple, you should continue to have open discussions and evolve with the cards that are dealt to you. However, the prenuptial discussion, which is really necessary before a couple gets married, should be memorialized. It should not be a document that causes hostility between a couple but rather, a life jacket, prepared in case of emergency and tucked away for the rest of what is to be an amazing journey through life together.

Prenuptial Agreement New York Lawyer

STILL UNCOMFORTABLE? GET OUT YOUR CRAYONS AND STICKERS! MAKE BIG WALL SIGNS AND MAKE THE DISCUSSION FUN!

Ask any child, nothing can be more fun than writing on a wall with chalk or crayons. As a couple, one idea for facilitating the discussion is to keep “minutes” of your conversation in chalk or crayon on a park floor or on a wall. Draw pictures. Take Pictures of what you are doing. Make it fun. Just because you are dealing with serious issues does not mean that you have to be stiff and boring. This is a conversation about the life you will spend with the person you love. Make this moment an exciting and enjoyable one! If your lawyer is a good one, he or she will accept your notes in crayon!

Images Courtesy of photostock

Crayon Heart Image “Picture Love” is Courtesy of Luigi Diamanti