New York Affidavit in Support of Motion to Order Expungement of Criminal Record

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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

Can a Felony Be Sealed? Certain felonies can be sealed, while others cannot. New York Class A felonies and violent felonies cannot be sealed. Felonies and misdemeanors that require sex offender registration cannot be sealed.

All misdemeanor convictions, other than those requiring registration as a sex offender, are eligible, and some felonies are eligible to be sealed. A person can, however, seal at most one (1) felony. Sex offenses, violent felonies, and serious felonies are not eligible for sealing.

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.

This legislation would 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 ...

A quick definition of clean-slate rule: Clean-Slate Rule: In criminal cases, if a person is found guilty and then appeals their conviction and wins, they can be retried without violating the double-jeopardy rule. This means that they start with a clean slate and can be tried again for the same crime.

The qualifying records not destroyed or returned to you under CPL 160.50 are sealed meaning that the record still exists and is not physically destroyed, but it is hidden from public inspection.

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.

This legislation would 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 ...

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New York Affidavit in Support of Motion to Order Expungement of Criminal Record