These days, a few phone calls or a simple internet search can be all it takes to uncover detailed information about people's arrest records, court actions, or other legal entanglements. If unobstructed access to criminal files is widely available, it can have an adverse impact on employment opportunities and other important aspects of people's lives. Individuals concerned about their New York criminal records may want to explore expungement.
Eligible Expungement in New York
Although "expungement" and "sealing of records" are often used interchangeably, they may refer to different processes. In New York, certain records may be expunged (completely removed or destroyed), while others can only be sealed (hidden from public scrutiny).
In New York, convicted offenders may their DNA profiles entered into the state's DNA databank. Such DNA samples and accompanying records can be expunged if the conviction that warranted inclusion in the databank is reversed or vacated, or if a pardon is granted.
Other types of New York criminal records can be sealed; they may be unsealed for use in limited circumstances such as future criminal court proceedings, license applications, or for certain intensive employment background checks. But, once sealed, records are off-limits for general use by any person or organization.
Sealing in New York is available for records of any charges that were dismissed, vacated, or otherwise set aside. In addition, files containing information on minor citations for things like traffic violations may be sealed. Finally, most drug convictions are eligible for sealing if the offender has successfully completed a court-approved substance abuse treatment program.
The New York Expungement Process
A court must issue an order for records to be sealed or expunged. Occasionally, courts do this of their own accord, but usually defendants must first file a motion.
Along with composing the motion itself, individuals wishing to obtain an expungement or sealing must gather pertinent documentation, including proof that any sentence has been completed, usually either by tracking down official paperwork or obtaining sworn affidavits.
If you want to learn more about the New York expungement process or are interested in pursuing expungement, seeking the assistance of a qualified New York criminal defense attorney is recommended. Your lawyer can answer particular questions about your individual circumstance and options available.
