How to Expunge a Criminal Record in New York

Understanding Expungement in New York

Expungement refers to the legal process of sealing or erasing a criminal record from public view. In New York, expungement is not always straightforward, as the state does not have a broad expungement law like some other states. Instead, New York allows for the sealing of certain criminal records under specific circumstances. Sealing a record means that it is hidden from public access, though it may still be accessible to law enforcement and certain government agencies.

The primary law governing record sealing in New York is Criminal Procedure Law § 160.59, which allows individuals to apply for the sealing of up to two criminal convictions, with one being a felony and the other a misdemeanor. However, certain convictions, such as sex crimes, violent felonies, and Class A felonies, are not eligible for sealing. Understanding the nuances of this law is crucial for anyone seeking to clear their record.

Eligibility Criteria for Record Sealing

To be eligible for record sealing in New York, you must meet specific criteria. First, you must have no more than two criminal convictions, one of which can be a felony. Second, you must have completed your sentence, including any probation or parole, and have no pending criminal charges. Additionally, you must wait a certain period after completing your sentence before applying for sealing—ten years for felonies and three years for misdemeanors.

Certain factors can improve your chances of having your record sealed, such as demonstrating rehabilitation, maintaining steady employment, and participating in community service or educational programs. However, even if you meet all the eligibility criteria, the court has discretion in granting or denying your application.

Steps to Expunge or Seal a Criminal Record in New York

Determine Eligibility: The first step is to determine whether your convictions are eligible for sealing under New York law. Consulting with an experienced attorney can help you assess your eligibility and identify any potential obstacles.

Obtain Your Criminal Record: You will need to obtain a copy of your criminal record from the New York State Division of Criminal Justice Services (DCJS). This record will include details of your convictions, which you will need to reference in your application.

Complete the Application: The application for record sealing requires detailed information about your convictions, your personal history, and your rehabilitation efforts. You must also provide supporting documents, such as proof of employment, character references, and evidence of community involvement.

File the Application: Once your application is complete, you must file it with the court where you were convicted. There may be a filing fee, though you can request a fee waiver if you cannot afford it.

Attend the Hearing: After filing your application, the court will schedule a hearing. During the hearing, you will have the opportunity to present your case and explain why your record should be sealed. The district attorney’s office may also present arguments for or against your application.

Await the Decision: The judge will review your application, consider the arguments presented at the hearing, and make a decision. If your application is granted, your record will be sealed, and you can legally state that you have not been convicted of a crime in most circumstances.

Challenges in the Expungement Process

While the process of sealing a criminal record in New York is designed to provide relief to individuals with past convictions, it is not without challenges. One of the primary obstacles is the strict eligibility criteria, which exclude many individuals with multiple convictions or certain types of offenses. Additionally, the discretionary nature of the process means that even eligible applicants may face denials if the court is not convinced of their rehabilitation.

Another challenge is the complexity of the application process. Gathering the necessary documentation, completing the application accurately, and preparing for the hearing can be daunting tasks, especially for individuals without legal experience. This is why many people choose to work with an attorney who specializes in criminal record sealing.

Benefits of Expunging or Sealing a Criminal Record

The benefits of expunging or sealing a criminal record in New York are significant. A sealed record can open doors to employment opportunities that were previously unavailable, as many employers conduct background checks as part of the hiring process. It can also improve your chances of securing housing, obtaining professional licenses, and even pursuing higher education.

Beyond the practical benefits, sealing a criminal record can provide a sense of closure and a fresh start. It allows individuals to move forward without the stigma of past mistakes, fostering personal growth and reintegration into society.

Alternatives to Expungement

For individuals who are not eligible for record sealing, there are alternative options to mitigate the impact of a criminal record. One such option is obtaining a Certificate of Relief from Disabilities or a Certificate of Good Conduct. These certificates do not erase or seal a criminal record but can help restore certain rights, such as the right to hold public office or work in licensed professions.

Another alternative is to seek a pardon from the governor of New York. A pardon is an official forgiveness of a crime and can restore rights that were lost due to a conviction. However, pardons are rarely granted and typically require a strong demonstration of rehabilitation and contributions to society.

Working with an Attorney

Given the complexities of the expungement process in New York, working with an experienced attorney is highly recommended. An attorney can help you navigate the legal system, ensure that your application is complete and accurate, and represent you at the hearing. They can also advise you on alternative options if you are not eligible for record sealing.

When choosing an attorney, look for someone with experience in criminal record sealing and a track record of success. Many attorneys offer free consultations, which can be a good opportunity to discuss your case and determine the best course of action.

Read More: Criminal Defense for Domestic Violence Charges in 2024

Conclusion

Expunging or sealing a criminal record in New York is a powerful tool for individuals seeking to overcome the challenges posed by past convictions. While the process can be complex and challenging, the benefits of a clean record are well worth the effort. By understanding the eligibility criteria, following the necessary steps, and seeking professional guidance, you can increase your chances of success and take a significant step toward a brighter future.

In conclusion, expunging a criminal record in New York requires patience, persistence, and a thorough understanding of the legal system. Whether you are eligible for record sealing or must explore alternative options, taking action to address your criminal record can have a profound impact on your life. With the right approach and support, you can move forward with confidence and leave the past behind.

FAQs

What is the difference between expungement and sealing?
Expungement erases a criminal record, while sealing hides it from public view. In New York, most records are sealed rather than expunged.

Can I seal a felony conviction in New York?
Yes, you can seal one felony conviction under New York law, provided you meet the eligibility criteria.

How long does the record sealing process take?
The process can take several months, depending on the complexity of your case and the court’s schedule.

Do I need an attorney to seal my record?
While not required, an attorney can significantly improve your chances of success by guiding you through the process.

What happens if my application is denied?
If your application is denied, you may be able to reapply after addressing the reasons for the denial or explore alternative options like a pardon.