Need help sealing criminal records? Each state has different laws regarding sealing criminal records
New laws in NY have gone in to effect that allow for the sealing of certain drug offenses. For example, you may be eligible to seal a criminal record for felony drug, marijuana, or other Willard non-drug “eligible” crimes, if you’ve successfully completed a court recognized drug treatment program such as DTAP or DIVERSION program that the court.
So what if sealing criminal records is not an option?
If you have a misdemeanor or felony conviction and criminal record sealing is not an option in your case, you can apply for a:
- Certificate of rehabilitation or
- Certificate of Relief from Civil Disabilities
A certificate of rehabilitation will help you restore some of the rights you lost as the result of a criminal record or conviction.
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. employment, permit, employment or professional licensing, including the right to vote at an election, or automatic forfeiture of any other right or privilege) held by the offender (eligible offender)and covered by the certificate.
Keep in mind a Certificate of Relief from Civil Disabilities or certificate of rehabilitation cannot be obtained for convictions for:
- violations of Section 1193(2) of the Vehicle and Traffic Law
- violations of Section 2806 (5) of the Public Health Law
A certificate also does not allow the convicted person to retain or be eligible to run for public office, nor does it remove or “void” the conviction as if it were a pardon or expunged.
For states that allow criminal record sealing or expungement read more below
Why get a record sealed or expunged?
The purpose of sealing or expunging a criminal record is to eliminate many of the problems people with criminal records face, such as employment, housing, and credit. Sealing or expunging criminal records allows people to rebuild their lives, support their families and become productive members of their communities.
Criminal Record Roadblocks
Having a criminal record can make it very difficult for people to find employment, get funds for college or credit, obtain professional licensing and many other things. People convicted of a crime in state and local jurisdictions can petition the court of the sentencing county to have a record sealed or expunged. People convicted on federal charges or out-of-state convictions cannot petition the court for criminal record sealing or expungement (if you are not clear whether you can expunge or seal a criminal record, contact a criminal lawyer).
What is the difference between criminal record sealing and expungement?
- Sealing technically means that access to a criminal record is limited. The criminal record is “sealed” and is only made available to law enforcement agencies and not other places doing a criminal background check (potential employers, etc..).
- “Expunging” or purging technically means that the record is completely destroyed as if it never existed.
Most people think a criminal record is “sealed” automatically with the passage of time. Not true.Sealing a criminal record requires filing a petition with the court requesting the impingement. On the petition (which must be filed by the person in question) you must state the reasons you are requesting and the petition must meet the criteria set by law. Common reasons to expunge or seal a criminal record are:
- not wanting to be denied a job due to criminal background check
- not wanting to lose a job due to a criminal history check
- not wanting to be denied housing
- not wanting to be denied credit or other loans such as student loans
- not wanting to be denied professional licensing
Sealing or expunging a criminal record is intended for arrests that did not lead to conviction and for old or minor conviction records, so employers and other non-law enforcement agencies are unable to obtain those records.
Criminal records removal services for each state varies. Some states will expunge, pardon, purge, set-aside, clear or seal a criminal record. The process can take from three months to a year depending upon the Court and the severity of the case. It can cost between $2,000 to $2,500.00, which includes filing fees,research,the drafting of the Petition, and any Court appearances. You can have a criminal defense lawyer handle this for you if you are not familiar with this area of law and wont be able to do your own legal research.
Find a lawyer if you need help sealing criminal records in your state
