How can I expunge my criminal record in New York? Well, technically you can’t expunge a criminal record in the state of New York. You can, however, do what is referred to as seal your record, but only if you qualify.
To expunge or seal a record are not the same. Expungement means that the record is destroyed. Sealing a record only closes the record. Sometimes, sealing is reversible or can be opened with a court order.
You want your life back. You want to clear your record so you can get a good paying job. The following is a breakdown of how you would go about it.
Sealed Records
What Does It Mean?
Sealing a record means that it is still in the system, but it isn’t destroyed. It doesn’t get destroyed, just hidden from public review. As well, all associated fingerprint cards, DNA samples, official records and booking photos are destroyed as well. In some cases, digital prints are maintained.
Sealed records are still available to law enforcement review, firearm licensing agencies, a prospective employer for a position that involves carrying a gun, hospitals child care facilities, schools and school bus drivers.
Once a record is sealed, your civil rights are reinstated. For example being able to apply for student loans, certain types of housing assistance and the right to vote.
Offenders who are between the ages of 16 – 19 years of age can be authorized to have their records sealed when their cases are settled. Although they are sealed, they are still available to the institution, the parole office, state registry of orders of protection and the probation department.
Types of Records That Can Be Sealed
Records that can be sealed involve a settlement of your case in your favor by an acquittal, dismissal, or declined prosecution. Traffic violations will automatically be sealed. Certain drug convictions can be sealed as well, but it isn’t automatic. You must have completed an approved treatment program before moving forward with the process. At that point, you would file a petition with the court to get this type of record sealed.
If you can’t qualify to have your record sealed, you can apply for a Certificate of Relief from Disabilities or a Certificate of Good Conduct.
Drug Conviction
Drug offense records that can be sealed in the state of New York include controlled substance offenses, marijuana offenses, and other specified offenses.
Certificate of Relief from Disabilities
If you haven’t been convicted of more than one felony in the state of New York, you can request a Certificate of Relief of Disabilities. This allows you to regain your rights that were lost as a consequence of a felony conviction.
Certificate of Good Conduct
This one will eliminate restrictions on employment and licenses received as a result of your conviction. You will apply for this one if you have been convicted of two or more felonies.
By having the above certificates, when applying for jobs, it is assumed that you are reformed. So in applying for a position, you will not be automatically ineligible. You now have the right to be looked at as the individual you are applying for the job you want. However, it isn’t guaranteed as it isn’t a pardon and it hasn’t been erased from your records. It still has to be stated on an application if asked specifically about a previous conviction or arrest.
The Process
To seal a record, you must first obtain a copy of your rap sheet. This can be done through the Division of Criminal Justice Services. Find the records on the sheet you want to be sealed; you will have to file a motion with the court. Then contact the Clerk of the Court’s office where the charge was filed, and the hearing was held. Complete the Petition to Seal Records Form, and if you need assistance, the clerk is there to help. You must provide facts about the case and the arrest and proof that you completed any required rehab program.
If the court approves your request, it is put into the record, and the clerk will inform you. At this point, all qualified records are sealed. There is a chance that the court will contest or question your petition. If they do, you may have to give them more information. If this happens, you will give them more information and proof that your records should, in fact, be sealed.
If your record cannot be sealed, then you do have the option to get the Certificate of Good Conduct or Certificate of Relief from Disabilities, as mentioned above.
It is recommended that you contact a qualified attorney can assist you in steering through the many details and processes required to complete this. This will help you meet the requirements of the court. An attorney can also help with potential problems that may arise.
