New York Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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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 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.

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

The Clean Slate NY Act (S. 211/A. 1029) is a common sense reform, which will provide justice-involved New Yorkers with employment, education, and housing opportunities by automatically sealing conviction records.

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.

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.

Most attorneys charge $2,000 to $5,000 for these services, and they often take more than a year to complete. The best way to see what you are eligible for is to take our free online eligibility test. Only in very limited circumstances does the state of New York provide for expungement of someone's criminal record.

7 ways to create a clean slate 1 End what needs to end. This sounds dramatic, yet it's something many of us don't like to do. ... 2 Give away what you don't need anymore. ... 3 Fix what's broken (or throw it out) ... 4 Catch up what needs to be caught up. ... 5 Release and let go. ... 6 Cleanse, clean and clear. ... 7 Update what's out of date.

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New York Motion for New Trial for Purpose of Expunging Criminal Record