Daily Freeman (Kingston, NY)

Attorney strives to clear 3 names

New state law allows some felony records to be sealed

- By Patricia R. Doxsey pdoxsey@freemanonl­ine.com pattiatfre­eman on Twitter

A local lawyer is asking courts to seal the long-ago felony conviction­s of three of his clients, citing a new state law that took effect in January.

Andrew Kossover said he filed the request on the behalf of three former clients of his private practice in New Paltz. He also serves as Ulster County’s public defender.

Kossover said he has petitioned the court to seal 1988 and 2004 conviction­s for drug possession and a 1991 burglary conviction.

“These are people who were young and made a mistake,” Kossover said. “Now they’re adults

on a career path in which the felony conviction would greatly impede that path.

“All of these individual­s have served their communitie­s,” he said. “They’ve done things like worked for community organizati­ons, not-for-profits ... they are all gainfully employed.”

But Kossover said the three people have had their careers stymied by criminal conviction­s that happened long ago.

A provision of the state’s Raise the Age law allows individual­s convicted of certain crimes to clear the record of the crime.

In announcing the legislatio­n, Gov. Andrew Cuomo said: “Law-abiding New Yorkers should not be forever branded with the stigma of a nonviolent criminal conviction when they have turned their lives around.”

To be eligible, an individual must have no conviction­s on their record for at least 10 years and have no charges pending.

Records cannot be sealed for conviction­s of sex crimes or any offense requiring registrati­on as a sex offender; child pornograph­y; murder, manslaught­er and other homicide charges; or any Class A or violent felony.

For each individual, the court can seal one felony conviction, two misdemeano­r conviction­s, or one felony and one misdemeano­r conviction.

Once a record has been sealed, Kossover said, the individual will legally be able to answer “no” if asked if they’ve ever been convicted of a felony.

Kossover said Ulster County District Attorney Holley Carnright will have 45 days from the date the petitions are filed to weigh in on the requests.

Following that response, a judge will consider each applicatio­n and make a determinat­ion about whether to seal the records.

Kossover said he is optimistic a judge will ultimately agree to seal the records of conviction in the three current cases.

“These are all, in my opinion, very meritoriou­s applicatio­ns,” he said.

Kossover said he expects that as the public becomes more aware of the provisions, others will come forward and ask that their records be sealed, too.

He said that while the three applicatio­ns he has submitted were for private clients who contacted him, he also will consider clients he represente­d as public defender and attempt to contact those who would qualify.

“If we can figure out ...how to determine which former clients would be eligible for this type of sealing, I would welcome the opporunity to reach out and let them know, as long as they’ve stayed out of trouble, [that] the Public Defender’s Office would file the applicatio­n on their behalf,” he said.

 ?? TANIA BARRICKLO — DAILY FREEMAN FILE ?? Andrew Kossover has a private law practice in New Paltz, N.Y., and serves as Ulster County Public Defender.
TANIA BARRICKLO — DAILY FREEMAN FILE Andrew Kossover has a private law practice in New Paltz, N.Y., and serves as Ulster County Public Defender.

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