New York Criminal Record Expungement: Learn How to Get Your Criminal Record Expunged in New York
When one gets convicted as an adult, in addition to the corrective punishment such as jail time, probation, fines and so on, there is also a criminal record against them. This criminal record can have a tremendous effect on various aspects of one's life including employment, jury service, voting rights, immigrating to other cities, housing and even mortgage loans.
Getting Criminal Record Expunged in New York is not possible, except crimes that are related to marijuana possessions. New York instead uses a process which is called sealing which means that the record will exist. All the related biometric signature including fingerprint, booking photos, and DNA samples may are returned to you or destroyed. Digital fingerprint and other biometric signatures that are on digital file and are kept especially when you have another unsealed case.
How to get your records sealed in New York
Criminal record expungement in New York is not allowed which would mean the criminal record is destroyed and everything associated with that record. Instead one has the right to seal their criminal record under certain circumstances. Though the right to seal criminal record was limited in New York criminal record expungement law, since October 7, 2017, a new law has passed which allows a general authority to seal your records under the following circumstances:
- The applicant has been crime-free for 10 years since the conviction or release.
- The applicant has less than 2 convictions on their criminal record.
- The maximum number of sealing convictions reached.
The ten year starts from the same day of conviction or release from prison whichever is earlier. If you have any new conviction or court case pending then the ten year period will start after all the conviction is dissolved.
Circumstances where criminal records cannot be sealed
Not every criminal activity can be sealed and certain crimes that particularly demonstrate the significant danger to the citizens of New York, are not eligible for sealing. The following convictions are not eligible for sealing:
- Sex offenses, especially those that require registration of the sex offender.
- Offenses that are deemed by the state of New York as Violent Crime.
- Other Felonies that are defined in the state.
How to Apply
The sealing of these records are not automatic and one needs to follow the following steps to seal their documents:
- Prepare a thorough application to seal criminal records with supporting documents. Request and complete a criminal certificate, obtain the certificate at Certificate of Deposition fro CPL Sealing application. Also, a sworn statement of why the criminal conviction should be sealed will be required.
- The applicant has to submit the entire document along with the application to the judge who sentenced him or to any other judge in the court where the applicant was convicted.
- The District Attorney of the County where the conviction was obtained will have a copy of your application and then in 45 days time the attorney whether he or she objects of your criminal record sealing in the court.
When the court decides whether they will seal your record or not, the following factors will have a role to play:
- The time since you were last convicted or discharged.
- The specific circumstance and the seriousness of the crime and the reason you are seeking relief.
- Other convictions that you have if any.
- Steps are taken towards rehabilitation, treatment program, employment and participation in community service.
- Statements made by the victim of the offense.
- Impact on citizens of new New York when your record will be sealed.
After Getting Criminal record sealed
When your sealing will be approved, the court will sign your sealed order. Complete and submit the Criminal Record Seal New York form and mail along with a court signed seal order.
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