Whether a defendant's inability to seal a criminal record under the Clean Slate Act constitutes a further constitutional violation following an unconstitutional conviction

If a defendant can demonstrate that the conviction for his/her sexually violent offense is unconstitutional, should it be deemed to be a further violation of his/her constitutional rights if, because he/she is a sex offender, the “Clean Slate Act” does not authorize him/her to have his/her criminal record sealed? I am trying to convince the New York State Court of Appeals that I should be given back my right to take an appeal from my unconstitutional conviction for “Rape in the First Degree [ ]” because I can't have my criminal record sealed in essence of the “Clean Slate Act” going into effect, but the New York State Court of Appeals cannot consider this because a precedent hasn't been established for it to be determined that it is a further violation of my constitutional rights with regard to being subject to the conditions that need to be considered in this question.