The Shalley and Murray Conviction Sealing Service
From your initial appointment through to the formal in-Court hearing, if necessary, Shalley and Murray will help you through it all. With more than 25 years experience handling criminal cases, we will be well able to help guide you through this process end to end. Your motion will be prepared professionally by the lawyer who will argue it in Court, and be customized to your specific case and your specific needs. Here is a brief outline of the process and what we do.
You will meet with your attorney (Don Murray or James Shalley) and together you will review your situation to make sure that you are eligible for sealing of one or more convictions under Section 160.59. Assuming you are eligible, you will begin to review all of the factors about your life and your situation that will be important to the Judge when making the all important decision about your case. You can read about the most common factors to consider in our discussion of Section 160.59.
We will review what you have done for the last ten years and what you hope to do for the next ten years. We will go over how your conviction has held you back and how getting it sealed will set you free to follow the path you deserve to be on.
PREPARATION OF THE MOTION TO SEAL YOUR CONVICTION
Based on the initial screening and consultation, we will gather the information necessary to file the motion, and begin to create your customized motion to seal. This means attempting to locate your attorney on the case to see if the file still exists, or ordering the file from the Court for review. We may require documentation from you to support the motion as that documentation relates to the important factors that we will be asking the Judge to consider for you. The law requires a sworn affidavit from you personally explaining your reasons for requesting the sealing. Your lawyer will help prepare it and work with you to make sure it presents the best possible case to the Judge.
Once fully complete, your motion will be a professionally prepared and presented document that will be something you will be proud to submit to the Judge for consideration. It will not be some sort of boilerplate, template driven mess prepared by a paralegal and signed by an anonymous lawyer.
FILING OF THE MOTION TO SEAL YOUR CONVICTION
Once your motion is prepared and ready to go, we will file it in the appropriate Court and serve a copy on the District Attorney's Office as the law requires.
Your lawyer will accompany you to Court as necessary. There may be an initial court date set to see if the District Attorney chooses to object. If there is no opposition from the District Attorney, the Judge may want to have the motion argued immediately in which case your attorney will be prepared to do that. In some cases, even where the District Attorney fails to object, a Judge might want to hold a formal hearing to flesh out issues raised in the motion by your lawyer. In such situations, the case may be adjourned to a new date for this hearing. If the District Attorney objects to the motion, a date for a hearing will need to be selected and your attorney will prepare you and any necessary witnesses in advance, and then appear in Court fully prepared to conduct your hearing.
Your attorney, the same attorney who initially met with you, and the same attorney who prepared your motion will conduct your hearing. You can feel confident that if your case must advance to the stage of a hearing, your lawyer will be a criminal defense lawyer with more than 25 years of criminal court trial experience, your lawyer will have an intimate familiarity with the court, and the practice in that court, and in all likelihood your lawyer has been appearing before the Judge who will decide your case for years and years.
Call 718-268-2171 to schedule your consultation and get started putting your criminal conviction behind you.
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Don Murray, founding partner at Shalley and Murray can help you follow through with your conviction sealing motion in New York. Call now for your free consultation.