Sealing of records related to certain drug convictions may be granted retroactively. The Appellate Division, Fourth Department, in a case of first impression, ruled Friday that criminal records are eligible for conditional sealing even if they relate to convictions before ...

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Changes in the New York state homestead exemption threshold are retroactive and the protection provided homeowners did not represent an unconstitutional taking of property, namely a lien judgment, the U.S. Court of Appeals for the Second Circuit has ruled in ...

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A Pittsford man charged with driving while intoxicated will be able to start his case over after being caught in a Catch-22 over changing state regulations. East Rochester Town Justice Terrence C. Brown-Steiner agreed to allow Daniel C. Luther, 52, ...

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A decision from the U.S. Supreme Court that a seminal Sixth Amendment rights case is not retroactive has provided clarity for attorneys while dashing the hopes of thousands of defendants. In 2010, the justices held that criminal defense attorneys are ...

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A defendant could not have a 2007 drug conviction overturned on the ground that his lawyer failed to advise him of the deportation consequences of his guilty plea, the 4th Circuit has ruled in affirming judgment. In March 2010, the ...

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The U.S. Supreme Court has agreed to decide whether its 2010 ruling in Padilla v. Kentucky, holding that the Sixth Amendment requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, applies retroactively, ...

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WASHINGTON — The U.S. Supreme Court will decide whether a law meant to reduce the disparity between crack and powder cocaine prison sentences can apply those who were convicted — but not sentenced — before its enactment. The high court ...

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The recent vote by the U.S. Sentencing Commission to apply its newly reduced sentencing guidelines for crack offenses retroactively has spurred debate among defense attorneys, prosecutors and law enforcement officials.

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WASHINGTON — A group of 15 Republican Congressmen is opposing a proposed reduction in sentences for prisoners previously convicted of crack cocaine charges. In a letter to the U.S. Sentencing Commission dated June 10 the lawmakers say ...

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