Ever find yourself in NY criminal court? Being arrested or convicted of a crime in New York State is reflected in your criminal record and can have serious consequences for things like finding employment, a place to live, and more. If the case was dropped or you won, it still shows up as part of your arrest record attached to your criminal history. If this has happened or you are amid ongoing court proceedings, you may wonder if getting the case sealed, expunged, and removed from your record is possible. The short answer is yes, but it won’t be easy. Let’s see how the state of New York views this kind of thing and what it means for your criminal record.
The Differences Between “Expungement” and “Sealing” in NY
Court Case Sealing NY
Though on paper they seem like the same thing, there is a clear distinction between case expungement and sealing:
- Expungement: the total erasure of an event or events on your record as if they did not occur. (Very rare)
- Sealing: hiding or “sealing” the case from most background check varieties and striking it from the public record. (More common)
Typically, expungement is very difficult to obtain in NY and usually only happens for Cannabis-related offenses since the change in the law decriminalizing and legalizing cannabis for recreational use. On the other hand, “sealing” is more common, and many individuals may qualify for their cases to be sealed. Here is the NY state attorney general website on case sealing.
Understanding Case Sealing Eligibility in NY
Not all convictions and crimes are eligible for sealing. They typically only happen for minor crimes for individuals with a mostly clean criminal history. Here are some of the facts on eligibility:
- The convictions are not violent felonies, sex offenses, or Class A felonies, which are considered serious crimes.
- You have no more than two criminal convictions in your life, and only one of them can be a felony conviction.
- At least 10 years have passed since your sentencing or release from probation or parole.
- You have no existing pending charges. The state won’t seal a past case if you have ongoing legal proceedings for different charges.
Certain misdemeanors, non-violent felonies, and even DWI convictions may be sealable, depending on your record. Only your attorney can provide guidance on whether or not getting your case sealed is possible. If the case happened long ago and you don’t yet have an attorney, now is the time to start looking for someone qualified for this kind of criminal history work.
What Does the Record Sealing Process Look Like?
Accomplishing this in New York requires more than filling out a simple form and mailing it in with a signature. Here is some of the process:
- File a formal motion with the court where you were convicted
- Notify the District Attorney who may object to a case being sealed
- Attend a hearing where a judge considers your rehabilitation and the public’s interest
That’s why working with an experienced criminal defense lawyer in Orange County NY will make a significant difference. Going about the NY court sealing application process the right way the first time will help accomplish this as quickly and as smoothly as possible.
How Zucker Law Can Help
Everyone deserves another chance, and we understand the importance of a clean record. People change over time, and your life should not be controlled or affected by something that happened so long ago. We understand the application process, who qualifies, and what steps to take to get a court record sealed or a case expunged (where possible). We just have to get the ball rolling.
Start Over. Call Zucker Law Today.
We’ve worked with clients from the day of their arrest to when their past court cases were sealed later in life. If you believe you qualify to have your case record sealed in NY state, call us today to discuss your options
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