What Are the Cases That Can Be Expunge in New York

Expungement is a legal process that allows individuals to erase or seal their criminal records.

This can enhance a person's ability to secure employment, housing, and other opportunities that may be hindered by a criminal past. Understanding how to expunge a DUI in New York can be beneficial in improving one's prospects in life. 

In New York, the rules governing expungement can be complicated, as they vary based on the nature of the crime, the circumstances surrounding the case, and recent legislative changes.

New York uses a process called "sealing" for certain cases. Sealing means that the record still exists but is hidden from public view and can only be accessed by specific entities.

Did you know that as of 2024, misdemeanor and most felony convictions can be sealed upon request after waiting periods of two to 10 years and if a felony occurs after sealing, an additional five-year wait is required?

Let's look into the types of cases that can be expunged in New York and learn more about the expungement process.

Eligible Misdemeanor Offenses

You may be eligible for expungement if you have committed certain misdemeanor offenses in New York. These offenses include minor drug possession, petty theft, disorderly conduct, and other similar non-violent offenses. Other situations that might have expungement options is if you have a first-time misdemeanor offense in California. 

Eligibility for expungement will depend on factors like specific offense, your criminal history, and the amount of time that has passed since the conviction.

You should consult with a legal professional who specializes in criminal law to determine if your misdemeanor offense qualifies for expungement in New York. They'll be able to review your case, assess your eligibility, and guide you through the expungement process.

Expunging a misdemeanor offense from your record can have benefits like improving your chances of employment, housing, and other opportunities that may have been limited due to your criminal record.

Qualifying Non-Violent Felonies

Non-violent felonies that may qualify for expungement involve crimes like drug possession, certain white-collar offenses, or property crimes without physical harm. The eligibility for expungement of non-violent felonies in New York depends on the nature of the offense, the time elapsed since completion of the sentence, and the individual's criminal history.

Keep in mind that not all non-violent felonies are eligible for expungement in New York. You must provide evidence of rehabilitation and demonstrate that you have been law-abiding since the conviction if you choose to seek expungement for a non-violent felony case.

Juvenile Offenses Eligible for Expungement

Juvenile offenses can have lasting effects on your record resulting in a negative impact on your future opportunities.

In New York, certain juvenile offenses are eligible for expungement if they meet specific conditions. These offenses include misdemeanors and non-violent felonies committed before the age of 18.

In order to qualify for expungement, the individual must have successfully completed any court-ordered programs, sentences, or probation related to the offense to qualify for expungement. A certain period must have elapsed since the completion of the sentence or program, usually ranging from one to five years, depending on the offense.

Expunging juvenile offenses can provide a fresh start by removing these incidents from your criminal record. This process can open up the once limited opportunities for young individuals who previously have a juvenile record. 

Sealed Cases and Expungement

Sealing a case means that it's hidden from public view but still exists unlike expungement  which involves completely erasing the record as if it never existed. In New York, certain cases can be sealed, such as those involving juvenile offenses, non-criminal offenses, and some low-level criminal convictions but not all cases are eligible for expungement or sealing.

Sealed cases can still be accessed by certain entities like law enforcement and government agencies for specific purposes. Expungement provides a more comprehensive clean slate by eliminating the record entirely.

Awareness of these differences help you determine the best course of action for your case. Consulting with a legal professional who is familiar with New York's expungement laws can help you handle the process of expungement. 

Criteria for Record Expungement

The waiting period after completing your sentence varies depending on the offense, ranging from 3 to 10 years. You can't have any pending charges or outstanding fines related to the conviction you're seeking to expunge.

Don’t forget that certain serious offenses like violent felonies, sex offenses, and certain traffic violations are typically not eligible for expungement. 

Providing evidence of your good conduct since the conviction, such as employment history, community service, and participation in rehabilitation programs, can strengthen your case for expungement.

Conclusion

In New York, there are specific criteria that must be met if an individual seeks expungement. A legal professional will assist you in determining if your case qualifies for expungement and, in case it does qualify, help you deal with the process. Expunging a criminal record can provide individuals with a fresh start and new opportunities for the future.