Arrest Without Conviction In New York
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You just need to meet the basic eligibility requirements. That means if you complete your waiting periods without getting a new conviction, complete your community supervision, and don't have any pending charges, then sealing under Clean Slate will happen automatically. No application will be necessary.
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. The sealing process offers many benefits.
The Clean Slate Act (A. 1029-C) automatically seals certain criminal records to give more New Yorkers a second chance, reduce recidivism and contribute to their communities. Unfortunately, misinformation is being spread and has led to some confusion on what the Act does.
You are allowed to pursue your case “pro se,” meaning without an attorney. The court might provide the forms you need to file the petition. However, the process of expunging a criminal record can be challenging. You could lose your case if you don't follow the appropriate steps or complete the paperwork correctly.
For a misdemeanor, records will be sealed three years after conviction or release from jail. For a felony, records will be sealed eight years after conviction or release from prison. Individuals must maintain a clean record and be no longer on probation or parole in order to qualify for record sealing.
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.
NEW YORK (WABC) -- The Clean Slate Act law goes into effect in New York State on Saturday, aimed at giving some who have been convicted of a crime a better shot at a second chance in life.
In the United States, criminal records, like most criminal proceedings, are generally considered public. Public court proceedings are meant to hold the justice system accountable by allowing the public and media to see and report justice at work.
Eligibility. Most misdemeanor and felony charges under New York law are eligible for sealing. Misdemeanors are sealed three years from the individual's release from prison, or from the date of sentencing if there was no sentence of incarceration.
