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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
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Want to know if my reckless endangerment midemeanor- class

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Want to know if my reckless endangerment midemeanor- class B conviction record is already sealed/ can be sealed in NY/ what the certificate does... Plus if any way of keeping auto ins. companies from seeing that info.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.

A criminal records is not automatically sealed - generally speaking a person must petition the court and request that this be done. In your case, unfortunately, a misdemeanor class B conviction cannot be sealed. Every state has different laws as far as what may be sealed or expunged, and New York's laws are rather stringent. This site (the Legal Action Center) explains it very well, but basically, aside from juvenile charges, low level violations like disorderly conduct, or some minor marijuana possession charges, other records cannot be sealed in NY.

Although rarely granted. one other option to think about would be to seek a pardon. Pardon's are granted at the discretion of the governor, and the candidates with the best chances are those who have been out of trouble for a significant amount of time, who can show they have been rehabilitated, and for whom a conviction is a major roadblock -e.g., a person wants to enter the military but cannot because a felony conviction prohibits them from using a weapon.

Regrettably, there is no way for the insurance company not to find out about the conviction. It is public record.


A Certificate of Relief from Disabilities can be beneficial when you are seeking employment or applying for an occupational license. A public agency or private employer must give consideration to a Certificate of Relief from Disabilities issued to an applicant and the certificate “shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.” In other words, an employer should not reject an applicant solely on the basis of a criminal conviction, unless there is other evidence that they are not qualified.

 

However, a certificate does not completely protect you from being denied employment or a license because of your criminal record. A certificate is not a pardon and does not remove your convictions from your record. You must still list your convictions on job applications where the question is asked. Furthermore, the convictions will still appear on your rap sheet and can be taken into consideration for licenses. The law does allow an employer or licensing agency to refuse to employ or license an applicant where your convictions are “job-related.”

Customer: replied 1 year ago.

What are the lawyer fees if going for the pardon?


What is considered a significant amount of time for consideration of a pardon?


 


What are the lawyer fees if going for the certificate?


What convictions are considered "job-related?"


 


 

Expert:  RobertJDFL replied 1 year ago.
You don't actually need a lawyer to apply for a pardon or certificate of relief for disabilities! The application for certificate of relief from disabilities can be accessed here.

While there are no application fees to apply for a pardon/clemency in New York, unfortunately, the formal application materials are not available on the Internet. Thus, you should contact the Governor’s office directly or the State Board of Parole to acquire the materials and acquire more specific information about the process. You can contact the Governor’s office at:

Governor, State of New York
Executive Chamber
State Capitol
Albany, NY 12224.
(NNN) NNN-NNNN/p>

 

You can contact the Board of Parole at:

Director, Executive Clemency Bureau
New York State Division of Parole
XXXXXbr/> Albany, NY 12206
(NNN) NNN-NNNNbr/>
There is no set time that must pass for a pardon to be granted - I just think the more time that has passed the better. What you want to demonstrate in requesting a pardon is how you have changed since the conviction. For example, have you gone back to school and gotten a degree? Started volunteering? Got a full time job whereas before you didn't have one? How have you rehabilitated yourself, in other words? That's not something that happens in 6 months or a year from conviction - or at least you wouldn't convince the Board of Pardons. Realistically, I think they want to hear from people who were convicted 5, 10, 20 years ago.

Second, you should state in an application how not having the pardon affects you - is it keeping you from jobs? Owning a firearm (yours was a misdemeanor crime, so that's not applicable), etc. What will a pardon do for you that a certificate of relief cannot do?

A job related conviction might be something like a theft or fraud charge for someone that wants to work in the banking industry. With something like reckless endangerment, I could see companies with jobs that involve a lot of driving (e.g., being a UPS driver) not wanting to hire you due to the risk involved.

Customer: replied 1 year ago.

And fees for the certification attempt?

Expert:  RobertJDFL replied 1 year ago.
None, according to the application.
Customer: replied 1 year ago.

For potential employers, being my main concern, what is best? If I get a pardon (long-shot) or the certificate will it make a difference? How so? I still have to check that box, so...

Expert:  RobertJDFL replied 1 year ago.
Pardons are a long shot, especially since a certificate essentially does the same thing - it says that a candidate is rehabilitated, and therefore, an employer should not take into consideration the conviction when making a hiring decision. Would it be nice to say that you were pardoned? Most certainly, but those decisions can take a year or more to receive, and as mentioned, are so rarely granted anyway.
Customer: replied 1 year ago.

For the certificate it seems you're uncertain of the need for an attorney. Please give me more than that it is not mentioned on the application.

Expert:  RobertJDFL replied 1 year ago.
I'm sorry if I wasn't clear. I meant that the application for the certificate does not require a fee of any kind. Also, because you can fill it out and file it yourself, a lawyer is not required.
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
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