New York Retroactive Youthful Offender Adjudication: New Law You Need to Know

with No Comments

New York Retroactive Youthful Offender Adjudication is your solution to your youthful indiscretions. When you’re young, dumb, and generally prone to making mistakes, it’s easy to end up in the criminal justice system. In some cases, youthful indiscretion might lead to a temporary stint in jail or community service. However, many New York youthful offenders can face lifelong consequences as a result of their juvenile transgressions.

For example, having a criminal record as an adult can have a devastating impact on housing, education, and employment opportunities. Fortunately, New York State has recently changed its laws pertaining to juvenile records. The following is a brief overview of New York’s Retroactive Youthful Offender Adjudication under S.282/A.6769 and how it may assist you avoiding lifelong collateral consequences as a result of past criminal activity.

What is New York Retroactive Youthful Offender Adjudication?

New York Retroactive Youthful Offender Adjudication is a new law that allows qualifying individuals to apply to have their records sealed, when they were previously denied sealing as a Youthful Offender. This new law is a huge step forward in the battle to reduce collateral damage caused by youthful indiscretions. 

The new law requires that the individual be under the age of 19 at the time of the offense and previously have been denied a youthful offender adjudication. 

How Does New York Retroactive Youthful Offender Adjudication Work?

In order to qualify for New York Retroactive Youthful Adjudication, an individual must have been convicted as an adult of a qualifying offenses. If the individual meets these criteria, they may apply to the court for a retroactive Youthful Offender Adjudication have their record sealed. 

These are the requirements for the New York Retroactive Youthful Offender Adjudication:

  • Denied Youthful Offender adjudication by the sentencing court,
  • Passing of at least five years from the date the sentencing court denied a Youthful Offender Adjudication, or five years from the end of the jail term or probationary term, whichever is later 
  • Finding by the Court that an individual should receive a Youthful Offender Adjudication 

What Does the Court Take Into Consideration to Determine Eligibility?

The Court is required to take into consideration the following factors in determining a person’s eligibility for New York’s Retractive Youthful Offender Adjudication. 

  • whether  relieving  the  individual  from  the onus of a criminal record would facilitate rehabilitation and successful reentry and  reintegration into society;
  • the manner in which the crime was committed;
  • the  role  of the individual in the crime which resulted in the conviction;
  • the individual’s age at the time of the crime;
  • the length of time since the crime was committed;
  • any mitigating circumstances at the time the crime was committed;
  • the individual’s criminal record;
  • individual’s attitude toward society and  respect  for  the law; and
  • evidence of rehabilitation and demonstration of living a productive life including, but not limited to participation in educational and vocational programs, employment history,  alcohol  and  substance  abuse treatment, and family and community involvement.

How to Apply for New York Retroactive Youthful Offender Adjudication and Delete Your Record?

First, the individual must determine if they qualify for New York’s Retroactive Youthful Offender Adjudication. Then, the individual must gather the necessary paperwork and file a record sealing application with the court and with the District Attorney’s Office for the County where the individual was convicted. The District Attorney will be given 45 days to notify the Court about whether the District Attorney objects to the sealing. If there is no timely objection to Retroactive Youthful Offender Adjudication, the Court will review the application.  

 The court will then review the application and make a determination as to whether the individual qualifies and has met all required conditions. Individuals should be aware that filing a record sealing application does not guarantee that the court will grant the application. The court may also require additional information or documentation in order to make a decision. The Court can also hold a hearing to determine someone’s eligibility for New York Retroactive Youthful Offender Adjudication. 

An important consideration for individuals considering applying for a retroactive Youthful Offender Adjudication is the impact of record sealing on future employment. Record sealing allows an individual to lawfully deny the existence of their criminal record to most entities other than law enforcement. However, employers with federal contracts or grants are obligated to conduct a criminal background check. As a result, sealed records will be discoverable by entities conducting a background check.

Contact Top Rated New York Defense Attorneys

If you believe you meet the eligibility for New York Retroactive Youthful Offender Adjudication, you should contact us to schedule a consultation to discuss your matter further. We look forward to speaking with you.