New York Expungement

 

Is your criminal record in New York causing you to miss out on opportunities for apartments, jobs, licenses, and loans? It’s possible, since a background check can reveal any past arrests, charges, or convictions. In many cases, this may disqualify you or cause another candidate to win out. It’s a consequence of criminal activity that can follow you around for the rest of your life unless you are granted expungement.

 

Expungement is the process of erasing your criminal record, which is allowed by the United States. Individual states have different laws about how expungement is handled, and some don’t allow it at all. Fortunately, New York allows for a process which is called “record sealing,” so you may be able to get a clean record again.

 

However, you should be aware that not everyone is eligible for expungement, and even if you meet the requirements, there is always a chance that your request will be denied. Your best chance for a positive outcome is to hire a New York attorney to work with you on the matter to ensure you follow the correct procedures.

 

Who Is Eligible to Have Their Record Sealed in New York?

 

Only certain crimes are eligible to have the record sealed in New York. Most drug, marijuana, or Willard non-drug crimes are eligible as long as the individual has completed DIVERSION, DTEP, or another substance abuse treatment that was required by the court. Unlike many other states, which only allow you to seal one conviction, you are able to seal up to three drug or marijuana misdemeanor convictions in New York.

 

You can also ask that other information is destroyed completely, such as palm prints, fingerprints, proofs, copies, and photographs, as long as the criminal case is found in your favor. Under Consolidated Laws 995-c, all DNA samples, records, and related documents will be removed if record sealing is approved. Acquittal, dismissal upon adjourning, and outright dismissal are all considered favorable to the defendant.

 

Additionally, in some cases, a petition from an individual isn’t needed. Instead, the court will motion that a record should be sealed, which occurs after criminal proceedings have concluded. This is done on a conditional basis. The Federal Bureau of Investigation (FBI) and district attorney will be notified by the court to seal the record and destroy the fingerprint history.

 

What Happens When a Record Becomes Sealed in New York?

 

The record is not destroyed. Instead, it is simply not available to the general public or local law enforcement. But the record does still exist and will contain documents such as official records, papers, judgments of the court, orders of the court, and court decisions. This will include any copies of these documents that may exist in courts, police agencies, or the prosecutor’s office.

 

The record can become unsealed at a later time if the court believes it is in the interest of justice. Circumstances where this may be the case include additional criminal proceedings as well as application for particular types of employment or licenses, and running for office.

 

Why Do You Want to Have Your Records Sealed in New York?

 

If you are trying to rebuild your life after an arrest, criminal charge, or conviction in New York, getting your record sealed can be a very important part of the process. From then on, you can legally say that you have not been convicted of a crime.

 

For example, if you run across this question on an employment application, when seeking a student loan or housing assistance, or applying for a professional license, this will no longer be held against you. It is as though the arrest or conviction never happened.

 

You should also be aware that the initial handling of your case can affect your ability to expunge a record. This is why it’s important to find the right criminal defense attorney to fight for your rights, and when you are seeking expungement, it can be beneficial to get the help of this attorney in the matter.

Alternately, you can get help from a New York lawyer who has experience dealing with expungement matters to assist you with the process.