Want to expunge or seal criminal records?
I need to seal my criminal record in New York. Is that possible?
The answer is only in specific cases.
New York Criminal Procedure S 160.58 states a person convicted of most felony marijuana, drug, or Willard non-drug eligible crimes may be eligible to have their record sealed if the person has successfully completed a court approved substance abuse or chemical dependency treatment program such as DIVERSION or DTAP.
CPL 160.55 advises that the clerk is to “immediately notify” the case has terminated . . . and upon notification, inter alia, at (c) all official records . . . shall be sealed and in this case a petition is not necessary or required.
So what are my options if I cannot seal my record (depends on your state laws)?
NY State law does allow people with criminal records to apply for a
- CERTIFICATE OF REHABILITATION or
- CERTIFICATE OF RELIEF FROM CIVIL DISABILITIES
If you need help sealing a criminal record, expungement orto apply for a Certificate of Relief (remember NY only allows people to seal a criminal record in very specific situatiuons) try this resource.
The process of getting your criminal records sealed, destroyed, or cleared is referred to as expungement. People often want help getting their expungement of criminal record and want to know how to make an application of expungement.To expunge a record means, for all intents and purposes, to treat the criminal record as if it does not exist.
Expungement criminal record procedures vary from state to state and are usually only available to those who have not been convicted of a crime.Even if you have not been convicted, a criminal record can show an arrest or citation even if you have been found not-guilty in court.Understandably, people who have been charged with committing a crime are very motivated to expunge their records.People want to have their New York criminal record sealed or expunged to clear their name and attempt to get some normalcy back after being arrested. Even if charges are dropped, people often have to deal with atremendous amount of social backlash. Your criminal lawyer can tell you more about expungements and let you know if you need an application for expungement and how to go about getting your record sealed.
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If your case was dismissed or terminated in your favor, the courts and DCJS make case/criminal information available only to law enforcement agencies so employers and others may not access that information.
Can I do anything about my criminal convictions if criminal record expungement or sealing my record is not an option?
If you have a misdemeanor or felony conviction, it cannot be sealed. However, you can apply for acertificate of rehabilitation. This certificate helps restore some of the rights you may have lost due to a conviction. You can get help with the CERTIFICATE OF REHABILITATION for most convictions for violations.
Need to apply for a Certificate of Rehabilitation or a Certificate of Relief from Civil Disabilities?
A Certificate of Relief from Civil Disabilities, Section 701, may relieve a person with a criminal record (who is eligible) and remove many of the obstacles or barriers to employment, housing, loans, etc… as the result of a criminal record. A conviction for a crime specified in a certificate of relief from disabilities shall not cause automatic forfeiture of any rights (i.e. driver’s license, permit, employment or franchise, including the right to register for or vote at an election, or automatic forfeiture of any other right or privilege) held by the “eligible” offender and covered by the certificate.
Special Note: A Certificate of Relief from Civil Disabilities cannot be obtained for convictions for violations of Section 2806 (5) of the Public Health Law or Section 1193(2) of the Vehicle and Traffic Law. A certificate also does not allow the convicted person to retain or be eligible to run for public office, nor does it “void” the conviction as if it were a pardon or expunged (destroyed).
Expungement of Criminal Records General Information
Four Key Common Elements of Expungement among State Statutes[1]
A. Extent to Which an Individual Can Deny Expunged Record Expungements are based on the premise those with criminal records an individual will have trouble reintegrating into society and may face barriers from participating in public life unless they have a legitimate means of being able to honestly deny that they have ever been charged with a crime or possessed a criminal record.As a result, most states permit individuals who have had their records expunged to answer in the negative if asked whether they have been arrested or charged of a crime. Therefore, if asked on a job or school application, an applicant with an expunged record may honestly answer “no” to having been charged with a crime.Additionally, for those states that permit criminal record expungement even after convictions, the same negative answer may be given for questions concerning conviction.
B. Crimes That May Be Expunged The type of crime which has been allegedly committed will invariably determine the availability of criminal record expungement. In states where expungement is granted after a conviction, the severity of the crime will play a determinative role in whether or not expungement is possible.Conversely, states which prohibit the expungement of convictions (before a pardon is obtained) will often contain restrictions depending on the process taken to complete the case without a conviction.For example, it is quicker and easier to obtain an expungement when a charge has been dismissed as opposed to when a case has been placed on a “stet docket” (an inactive group of cases which are generally not reopened).
C. Rehabilitation Worthiness of Having Records Expunged Typically, the waiting period before an application can be made is used as an indication of rehabilitation.In addition, a waiting period free of arrests or any trouble with the law is further used to affirm rehabilitation. State codes also contain provisions on the number of times expungement criminal record may be granted.
D. Expunged Records and Access to Criminal Records The practical effects of expungement remain questionable when considering the number of people who can still access criminal records even after they have been expunged. It has even been advocated that licensing bodies of professions charged with upholding the public trust should have access to the expunged records of their members.[2]
(from Electronic Privacy Information Center website resources
www.epic.org/privacy/expungement/)
Expungement Lawyers can explain more about sealing or expunging criminal records.
[1] Michael D. Mayfield, Revisiting Expungement: Concealing Information in the Information Age, Utah L. Rev. 1057, 1059 (1997).[2] Steven K. O’Hern, Note: Expungement: Lies That Can Hurt You In and Out of Court, 27 Washburn L.J. 574, 584-90 (1988).
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