How to Expunge a Criminal Record in New York

Introduction

Expunging a criminal record in New York is a crucial step for individuals seeking to move past their legal history and improve their opportunities in employment, housing, and other areas of life. A criminal record can create significant barriers, even after sentences are served or charges are dismissed. Understanding how to expunge a criminal record in New York empowers individuals to clear their names and regain control over their futures.

This tutorial provides a comprehensive, step-by-step guide to expunging criminal records in New York, highlighting legal requirements, best practices, and important resources. Whether you have a minor conviction, a dismissed charge, or are exploring eligibility for sealing records, this guide will clarify the process and help you navigate the complexities of New York State law.

Step-by-Step Guide

1. Understand What Expungement Means in New York

Unlike some states, New York does not allow full expungement for most criminal convictions. Instead, New York offers a process called “sealing” or “record sealing,” which restricts who can view your criminal record. The terms expungement and sealing are often used interchangeably, but legally, sealing is the accurate term in New York.

Sealing limits public access to certain records, but law enforcement and some government agencies may still access sealed records under specific circumstances.

2. Determine Your Eligibility

Eligibility depends on the type of offense and the case outcome. Common cases eligible for sealing include:

• Dismissed charges
• Acquittals
• Convictions for certain misdemeanors and non-violent felonies
• Cases where the defendant completed a conditional discharge or probation

New York’s Criminal Procedure Law (CPL) Sections 160.59 and 160.58 outline the specific criteria for sealing and erasing records. For example, CPL 160.59 allows for sealing of eligible convictions after a waiting period of 10 years from the completion of the sentence.

Some serious offenses, such as violent felonies or sex crimes, are not eligible for sealing.

3. Obtain Your Criminal Record

Before proceeding, request a copy of your criminal record from the New York State Division of Criminal Justice Services (DCJS). This will help identify all charges and convictions related to your case and ensure accuracy in your application.

4. Complete the Required Forms

The main forms include:

• Application for Certificate of Relief from Disabilities (for some convictions)
• Application to Seal Records (CPL 160.59 form)
• Supporting documentation such as court orders, proof of sentence completion, and personal identification

These forms vary based on the nature of the offense and whether you’re sealing a conviction or a dismissed charge.

5. File the Application with the Appropriate Court

File the sealing application in the court where your case was adjudicated. This is typically the county criminal court or supreme court of New York where the charges were processed.

Filing fees may apply, but fee waivers can sometimes be requested for those who qualify.

6. Notify the District Attorney and Other Relevant Parties

Once the application is filed, the court will notify the district attorney’s office, which has the right to object to the sealing request. Other agencies involved in the case may also be notified.

7. Attend a Hearing if Required

In some cases, the court may schedule a hearing to review your application. Be prepared to present evidence of rehabilitation, good conduct, and the reasons why sealing your record is justified.

8. Receive the Court’s Decision

If the court grants your application, your record will be sealed. This means it will no longer be publicly accessible, though law enforcement agencies may retain access.

If denied, you may have the option to appeal or reapply after a specified period.

9. Follow Up with Criminal Justice Agencies

Ensure all relevant agencies, including the DCJS and local police departments, have updated their records to reflect the sealing order. This helps prevent unauthorized disclosure of your sealed record.

Best Practices

1. Consult with a Qualified Attorney

New York’s criminal record sealing laws are complex and subject to frequent updates. An experienced criminal defense or expungement attorney can provide personalized guidance, increasing your chances of success.

2. Maintain Clean Records After Conviction

Courts often consider your conduct after the offense. Staying out of legal trouble and demonstrating good moral character strengthens your application.

3. Keep Detailed Documentation

Gather all relevant documents, including court orders, proof of sentence completion, and character references. These support your petition and help overcome objections.

4. Understand Limitations of Sealing

Sealing does not erase records completely. Some entities, like law enforcement and licensing boards, may still access sealed records. Be aware of these limitations when planning your next steps.

5. Be Patient and Persistent

The process can take several months. Follow up regularly with the court and agencies to ensure your application is progressing and records are updated.

Tools and Resources

1. New York State Division of Criminal Justice Services (DCJS)

The DCJS provides criminal record information and resources on record sealing procedures.

Website: https://www.criminaljustice.ny.gov

2. New York State Unified Court System

Access forms, instructions, and court locations for filing record sealing petitions.

Website: https://www.nycourts.gov

3. Legal Aid Organizations

Several nonprofits offer free or low-cost legal assistance for expungement and record sealing in New York.

4. Online Case Lookup Tools

Use online tools to track court case statuses and verify sealing orders.

5. Criminal Procedure Law (CPL) Resources

Review the statutory laws governing record sealing under CPL Sections 160.58 and 160.59.

Real Examples

Case Study 1: Sealing a Dismissed Misdemeanor Charge

Jane Doe was arrested for a misdemeanor charge that was later dismissed. She obtained her criminal record from DCJS, confirming the dismissal. Jane filed a sealing application under CPL 160.50, providing her dismissal paperwork and proof of identity. After no objections from the district attorney, the court granted the sealing order within three months, preventing future employers from accessing her record.

Case Study 2: Sealing a Conviction After Sentence Completion

John Smith was convicted of a non-violent felony in New York. After completing his sentence and a 10-year waiting period, John applied for record sealing under CPL 160.59. He submitted character references and evidence of rehabilitation. The district attorney initially objected, but John’s attorney successfully argued his case at a hearing. The court approved the sealing, allowing John to pursue employment opportunities without disclosure of his conviction.

Case Study 3: Denied Sealing for Ineligible Offense

Mary Johnson attempted to seal records related to a violent felony. The court denied her application based on statutory restrictions. Mary’s case illustrates the importance of understanding eligibility before applying for record sealing.

FAQs

Can all criminal records be expunged or sealed in New York?

No. New York does not allow full expungement for most convictions. Only certain dismissed charges, acquittals, and eligible convictions can be sealed under specific conditions.

How long does the sealing process take?

The process typically takes several months but can vary depending on court caseloads, objections, and the complexity of the case.

Will sealed records be completely erased?

No. Sealed records are hidden from public view but remain accessible to law enforcement and certain government agencies.

Do I need a lawyer to file for record sealing?

While not required, consulting an attorney is highly recommended to navigate legal complexities and improve your chances of success.

Can I apply for record sealing if I have multiple convictions?

Eligibility may be affected by multiple convictions. It is important to review each case and consult legal counsel to understand your options.

What if the district attorney objects to my sealing application?

The court will consider objections and may hold a hearing. You or your attorney can present evidence supporting your application during this process.

Conclusion

Expunging or sealing a criminal record in New York is an important legal remedy that can significantly enhance your ability to rebuild your life. While New York’s laws do not allow for full expungement of most convictions, the record sealing process offers a valuable path to limit public access to your criminal history.

By understanding eligibility requirements, carefully preparing your application, and utilizing available resources, you can successfully navigate the process. Remember to seek legal advice when needed and remain patient throughout the process. Clearing your record can open doors to better employment, housing, and social opportunities, helping you move forward with confidence in New York.