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Arrest Without Conviction In King
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State:
Multi-State
County:
King
Control #:
US-000280
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FAQ
For better or worse, the fact is that in the state of New York, you cannot expunge your criminal record. A record that is "expunged" is permanently erased. However, you can "seal" your criminal record in New York, which means it will become invisible to the public.
In short, yes – immigration can look at your expunged record. Because immigration is a federal process, agencies like the U.S. Citizenship and Immigration Services (USCIS), the Board of Immigration Appeals, and the Department of Homeland Security (DHS) essentially ignore state laws about expungement.
Can you be charged for a crime without evidence? In the U.S., typically not. There needs to be a certain standard of reason for charging someone with a crime.
This law will automatically seal certain criminal records after a required waiting period – three years after conviction or release from jail for a misdemeanor and eight years after conviction or release from prison for a felony – provided they have maintained a clean record and are no longer on probation or parole.
New York State's Clean Slate Act takes effect November 16, 2024. It provides the Unified Court System up to three years from that date (until November 16, 2027) to set up the required processes to automatically seal eligible conviction records.
Many people mistakenly think that United States criminal records automatically clear after 7 years. This is inaccurate. However, after 5 to 10 years, you may be eligible for expungement, depending on state law. At that point, you can file a petition with the court to have your criminal record expunged.
With an expungement, records are completely destroyed. Except for some marijuana offenses, New York law does not provide for the “expungement” of criminal records. Instead, New York uses a process known as “sealing.” Under New York's sealing system, the record still exists but is hidden from the public.
Governor Hochul Expands Economic Opportunity for New Yorkers, Protects Public Safety by Signing the Clean Slate Act. Governor Kathy Hochul today signed the Clean Slate Act (S. 7551A/A.
Background checks in Georgia for employment must comply with the FCRA's seven-year lookback period. This means that your pre-employment background check reports will not include arrest information for arrests that did not result in conviction from seven or more years ago.