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Can a Felony Ever Be Expunged From My Record in New York?

If you have been convicted of a felony in New York, you may be wondering about the possibility of clearing your record. Many states offer expungement for a variety of crimes, including felonies. However, New York state operates differently. Continue reading to learn whether or not a felony can ever be expunged from your record. A Rockland County criminal defense attorney can offer information and skilled legal counsel during this time.

What is Expungement?

In legal terms, expungement refers to the process of removing or destroying records of an arrest or criminal conviction. This process allows individuals a fresh start and a second chance. Once their records are expunged they are not legally required to disclose the information and the information will not be accessible by landlords, employers, or other entities.

Can a Felony Be Expunged in NY?

No, felony charges cannot be expunged under New York state law. However, individuals may request their records to be sealed which has nearly the same results as expungement.

What is Sealing a Record?

When a criminal record is sealed it is no longer accessible to the public but it remains part of the state’s records. Certain entities, such as law enforcement agencies, employers, etc. may still access sealed records under specific circumstances. While expungement is akin to erasing the offense, sealing simply hides the information.

What Felonies Can Be Sealed?

New York state law allows for the sealing of felony convictions under certain conditions. Most crimes can be sealed, but the following are not eligible for the same protections.

  • Violent felonies
  • Class A felonies
  • Homicide felonies
  • Sex offenses
  • Sexual performance by a child offenses
  • Felony attempt or conspiracy to commit any of the above

Is My Conviction Eligible for Sealing?

To be eligible for sealing you must meet certain requirements. Firstly, you must have completed all of the terms of your sentence. This means enduring your time in jail or prison, paying fines and restitution, and successfully completing probation or parole.

You will also likely have to wait for a period of time to pass. Felonies have a waiting period of at least 10 years from the end of your sentence before you can apply for sealing.

You must also not have been convicted of any new felonies or misdemeanors during the waiting period.

You will not be eligible for sealing if you:

  • Have an open criminal case,
  • The conviction is for an out-of-state offense,
  • Are a registered sex offender, or
  • Are attempting to seal an ineligible offense

Contact a Criminal Defense Attorney

The process of having criminal records sealed can be complex and overwhelming. It is important that you have a complete understanding of your rights and legal options during this time. Reach out to a skilled attorney at the Law Office of Kevin T. Conway for more information and skilled advice.

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