Drug Charges Histories Can Be Removed From Public Records

The new New York state drug law coming in effect 8 June 2009 provides that court criminal records on the charges of drug related non-violent offences can be sealed by judge’s decision upon the request of the offender once court trial is over. The sealing is conditional, i.e. the criminal record will be unsealed if the offender is arrested and faces similar charges once again. Drug Charges Histories Can Be Removed From Public Records

The provision doesn’t encompass repeat offenders, and the criminal record can be sealed only if a person is charged with up to 1 felony plus up to 3 misdemeanor counts total. Also the offender may ask to have his/her criminal record sealed only after he or she has successfully completed the court-prescribed drug rehabilitation program.

Previously similar provision was applicable only to underage offenders whose cases are tried in Juvenile courts. Advocates of the new amendment to the Rockefeller drug law believe that removing criminal history of drug offenders from the domain of public records is capable to improve sufficiently their chances for social rehabilitation, which is impossible if former drug addict doesn’t work.

Deprived of chance to get any decent employment because of the impossibility to pass the so-called pre-employment background check now practiced by employers just about everywhere, such persons would inevitably be driven back into the asocial environment of drug abusers and drug dealers ultimately becoming repeat criminals facing far more serious charges and ending up with being sentenced.

At the same time opponents to the new law are determined to fight for it’s repeal, believing the new clause prevents employers from exercising due diligence during hiring for sensitive and responsible positions like car driver, nanny or day care provider for elderly or disabled people.

With the criminal drug charges beingĀ  no longer the matter of public records any criminal background check will now indicate you deal with person with a perfect past. Just imagine sending you child to day care center where he or she will be looked after by a former crack-head, who has just started or, better to say, who’s attempting to start a “new life”.