New York Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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US-02243BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

The major difference between the sealing and expunging is that the former generally prevents the public and employers from viewing past convictions. The latter vacates and removes the same from your history.

A sealed record is not accessible by anyone other than certain law enforcement personnel. This means, for example, if a potential employer runs a background check, a sealed record will not come up. An expungement involves removing the record completely. While sealing is available in New York, expungement is not.

Sex offenses, violent felonies, and serious felonies are not eligible for sealing.

People are eligible if they have been crime-free for at least 10 years since their conviction and/or release and have only two (2) convictions on their criminal record. If they have more than two (2) convictions, they may still be eligible if the convictions are related to the same one or two incidents.

Except for some marijuana crimes, New York has no laws to erase or ?expunge? criminal records. New York uses a process called sealing for some cases.

However, this does not necessarily mean that a police department's or other non-court agency's own internal records will be sealed or destroyed. In New York, a felony conviction will remain on your criminal record forever. This is also true of misdemeanor convictions.

In the case of a misdemeanor, complete and submit CR-180 California Penal Code section 1203.4a states the requirements of expunging a California misdemeanor, including completing and submitting form CR-180, the Petition for Dismissal. Note that you must submit the petition for expungement in the county of conviction.

New York Class A felonies and violent felonies cannot be sealed. Felonies and misdemeanors that require sex offender registration cannot be sealed.

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New York Petition for Expungement of Record in Case of Acquittal and Release without Conviction