Enact a law permitting the courts to expunge a non-violent conviction

The Issue

In this time of economic hardship, it is increasingly difficult for those with a criminal past to find legitimate legal employment. Many New Yorkers continue to be punished for mistakes made in their youth despite having lived a law abiding life since their earlier trouble. In fact, many have gone to build successful families and careers yet they still are haunted by the stress and stigma of having a criminal record. Some have gone decades without new trouble and yet they are denied the opportunity at expunging their conviction.

At a time when society should be encouraging their continued success, it is instead stonewalling their hopes of a fresh start. With new laws in New York which permit sealing of prior convictions upon successful completion of DIVERSION or similar DTAP Drug Court treatment, it is time for the legislature to right this inequality. Why should someone with up to four convictions get the chance at a clean record when they haven't shown the ability to lead a law abiding life but not others adversely impacted by their convictions? Of course, I am not suggesting that there should be an automatic sealing of records. However, there should be some mechanism where these individuals can petition the courts and allow their story to be heard. As it stands today, the only hope that some New Yorkers have to get their records expunged is to commit new crimes and get sentenced to an eligible drug treatment program and that is not justice.

avatar of the starter
Richard SouthardPetition StarterFormer prosecutor with over 15 years experience specializing in criminal law. I handle criminal defense and DWI defense cases in NYC and throughout New York State. I am also an adjunct professor at John Jay College of Criminal Justice and have appeared numerous times as a legal analyst on Fox News Channel, Court TV, Tru TV and ABC News Now. I have recently started a blog ReasonableDoubtNY@blogspot.com where I answer New York criminal defense questions for free. You can also follow me on twitter @Southardlaw_com
This petition had 24 supporters

The Issue

In this time of economic hardship, it is increasingly difficult for those with a criminal past to find legitimate legal employment. Many New Yorkers continue to be punished for mistakes made in their youth despite having lived a law abiding life since their earlier trouble. In fact, many have gone to build successful families and careers yet they still are haunted by the stress and stigma of having a criminal record. Some have gone decades without new trouble and yet they are denied the opportunity at expunging their conviction.

At a time when society should be encouraging their continued success, it is instead stonewalling their hopes of a fresh start. With new laws in New York which permit sealing of prior convictions upon successful completion of DIVERSION or similar DTAP Drug Court treatment, it is time for the legislature to right this inequality. Why should someone with up to four convictions get the chance at a clean record when they haven't shown the ability to lead a law abiding life but not others adversely impacted by their convictions? Of course, I am not suggesting that there should be an automatic sealing of records. However, there should be some mechanism where these individuals can petition the courts and allow their story to be heard. As it stands today, the only hope that some New Yorkers have to get their records expunged is to commit new crimes and get sentenced to an eligible drug treatment program and that is not justice.

avatar of the starter
Richard SouthardPetition StarterFormer prosecutor with over 15 years experience specializing in criminal law. I handle criminal defense and DWI defense cases in NYC and throughout New York State. I am also an adjunct professor at John Jay College of Criminal Justice and have appeared numerous times as a legal analyst on Fox News Channel, Court TV, Tru TV and ABC News Now. I have recently started a blog ReasonableDoubtNY@blogspot.com where I answer New York criminal defense questions for free. You can also follow me on twitter @Southardlaw_com

The Decision Makers

New York Legislature
New York Legislature
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