Obtaining an Expungement in the State of New York
In New York, when an individual is convicted of a crime, the crime will remain on their criminal record. Although a majority of states have implemented different procedures that serve to get a person’s criminal record cleaned, or in other words, expunged, there is no current procedure that will completely erase the criminal activity off the record. Although this is true for the State of New York, there are proactive measures that can seal a person’s criminal record, which will serve to make a person’s criminal record less visible to the general public.
A Qualified New York Expungement Attorney Can Help
If you have a criminal history, the negative effects can affect you for the rest of your life. In some situations, the negative impacts of a criminal record can have worse consequences than the criminal conviction itself. Instead of undergoing repetitive setbacks, consult the legal support of a qualified criminal law attorney to help you in your pursuit of restoring your reputation and help you reclaim the future you deserve.
Expungement Attorneys in New York understand that mistakes made in the past have the power to affect a person’s ability to attain personal goals. Criminal records can severely reduce one’s income and the ability to get hired. If you or someone you know has a criminal record, there may be an opportunity to obtain a criminal expungement. Seek the legal representation of a qualified expungement attorney in the State of New York who will champion for your interests.
Current Expungement Procedures in New York
Under limited circumstances, a criminal record can be sealed after a year without the need to take further action. Common examples of this can include the following:
● Incidents where there was no guilty judgment;
● Incidents where the delinquency was committed by a minor; and
● Every traffic violation except when the crime was driving while impaired and loitering with the purpose of engaging in prostitution
These procedures are currently in place so that minor crimes or non-convictions do not permanently affect a person’s life. For nearly every misdemeanor or felony conviction, there is presently no procedure in place that will have these records sealed. However, the only exception to this would be if the criminal activity were cataloged as being committed as a result of illicit drug abuse.
Furthermore, recent court rulings have widened the extent for when a criminal record could be sealed. When a person’s criminal records have been sealed, the information will only be visible by specific government agencies when the person is applying for employment or is further charged with other crimes in the future.
Criminal Record Sealing in New York
To get criminal records sealed, petitioning individuals need to comply with diversionary programs, not have further pending criminal charges, and also complete non-diversionary segments of the sentencing. When all three conditions are met, a petition can be made with the courts to seal the criminal record.
Other Changes in the New York Law
With the passing of a segment of the New York Criminal Procedure Law, the extent of the convictions that could be sealed will be greatly expanded. In spite of this, there will continue to be rigorous categories of individuals to whom the new laws will apply.
To take advantage of the benefits offered, the petitioner’s criminal convictions will need to be:
● Over ten years old, of which the date will begin on the date the conviction was imposed. If jail time was served, this date will begin when the person has been released from jail.
● The criminal charges cannot involve sex offenses, violent felonies, or class A felonies.
● When requesting a criminal record sealing, this can only be for a maximum of two criminal convictions, of which only one conviction can be a felony.
If the petitioning party’s convictions meet the eligibility requirements, the request can be made to the court where the graver sentence was entered. The request for expungement will also need to include a sworn statement of explanations as to why the criminal record sealing should be granted.
Once this has been completed, the district attorney’s office has 45 days to make an objection to the sealing of the criminal record. If there is no objection made, the court could make a decision without the need of a hearing.
In the event that the petition has been granted, every official record of the criminal conviction will be sealed and will no longer be made available to private parties or certain public agencies with the exception of courts, firearm licensing authorities, corrections agencies, or law enforcement agencies.
Seek the Legal Support of an Experienced New York Expungement Attorney
Although law enforcement agencies and the criminal court system will continue to have access to a person’s criminal record, nearly every private organization will not be able to access these records. For a person seeking employment, a job promotion, or the opportunity to participate in a certain school-related activity, necessary criminal background checks will not include the person’s past criminal convictions.
Moreover, other benefits will include restoring the petitioner’s right to vote, the ability to obtain housing assistance, and clearing the path for loan applications.
If you have a past criminal record, a New York State expungement attorney can help you complete the necessary documentation for a successful expungement. A skilled criminal law attorney will also help you fight your case in the event that a court hearing is needed. Contact the support of an experienced attorney today to find out how to get your criminal history sealed.