Expungement Attorneys in New York
Expungement in New York
New York does not offer expungement, however, they do allow individuals to have their records sealed if they are eligible. In New York there are two types of sealing available. In a complete sealing any photos, copies, fingerprints, and other proofs are destroyed. In a partial sealing, fingerprints and photographs are sealed, but the file is still public. For the most part New York does not allow for the sealing, or expungement, of adult convictions, regardless of when they occurred, unless it was one of a few specified drug offenses and you successfully complete a court-ordered drug treatment program.
If your case is settled in your favor either through acquittal, outright dismissal, dismissal after adjournments in contemplation of dismissal, declined prosecution, or nolle prosequi, your records are eligible to be sealed. Non-criminal offenses (i.e. disorderly conduct) may also be sealed in New York and are typically sealed automatically by the court. If you were convicted of marijuana possession you may be eligible for sealing after a three (3) year waiting period.
Traffic infractions or violations that are misdemeanor or felony cases are eligible for partial sealing.
You are not eligible for sealing for violent crimes, loitering with intent to engage in deviant sexual activity, prostitution, driving while impaired, or where a court order is in place preventing the sealing of your record.
If you have not been convicted of more than one felony, New York does allow you to apply for a Certificate of Relief from Disabilities. A Certificate of Relief from Disabilities restores your rights that were lost as a result of your felony conviction.
If you have two or more felony convictions, you may be able to apply for a Certificate of Good Conduct in New York.
If you have been convicted of two or more felonies, you can apply for a Certificate of Good Conduct in New York. A Certificate of Good Conduct can removes bars to licenses and employment that resulted from a conviction.