New york expungement

Instead, individuals with a criminal file can opt to have them sealed provided that they have satisfied the specified criteria. Unlike expungement in which the record is completely removed, seal only facilitates that the file be hidden from the general public. Under this condition it still becomes accessible in specific circumstances.

These include during application process for jobs in law enforcement agencies, judicial department of the government or other high profile organizations. When these circumstances arise access is granted by the presiding court which results in the seal being broken. Previously New York criminal records were automatically sealed once they were deemed eligible by the courts. The offenses that facilitate such eligibility include those that resulted in dismissal of the case or had no convictions filed such as:.

Violations that led to felony convictions such as disorderly conduct, trespassing, loitering and harassment are also subjected to seal. As it relates to drug charges, an individual has to first successfully complete a substance abuse treatment program recognized by the court before they can qualify to have their records sealed as dictated by New York expungement law.

As expected there are certain files that simply cannot be sealed due to their nature. These include those that detail offenses that resulted in a conviction. Chief amongst these are loitering in a sexually deviant way or driving while impaired. In general, misdemeanors and felonies are ineligible for seal. In some situations a judge might order a case to be exempt from seal for a particular reason.

Evidently such an order denies the privilege of this procedure. Since misdemeanors and felonies cannot be expunged or sealed in the state of New York, there is another avenue that may be utilized for getting some relief.

Two documents known as a Certificate of Good Conduct and Certificate of Relief are capable of restoring the rights and privileges that were previously restricted by the presence of an offense. Read Getting Rights Back to learn more. When a criminal case is sealed, records can still be seen by: You, the defendant with i. Someone you authorize to ask for your records with i. Your employer if you apply for a job where you carry a gun Your parole officer, if you are arrested while on parole or probation The prosecutor if you move for an ACD on a marijuana charge A law enforcement agency after a request to the court Out-of-state and federal arrests and convictions are not a part of your New York criminal record.

Skip to Main Content. Records that are sealed without petition are on a conditional basis. To do this the court will notify the Federal Bureau of Investigation for fingerprint history as well as any suppressed information and notify the district attorney for materials to aid in the sealing of a record. What is in a Sealed Record When a record is sealed it will include different documents. These documents will often include official records, official papers, judgments of the court, orders of the court, and court decisions.

All duplications and copies of these documents of file in all police agencies, courts, and prosecutor offices will be sealed. These sealed records are then not available to any person or public or private agency for any purpose.