Expungement and Sealing of Criminal Records in Long Island: What You Need to Know

Getting a Fresh Start: Expunging and Sealing Criminal Records on Long Island

We all make mistakes, especially when we’re young. But in today’s world, even a minor brush with the law can haunt you for life. That old misdemeanor or petty offense stays on your record, popping up in background checks and casting doubt in employers’ minds. However, there is hope – you may be able to expunge or seal your New York criminal record. This guide explains everything you need to know about cleaning up your history in Nassau and Suffolk Counties.

What’s the Difference Between Expungement and Sealing of Criminal Records?

Let’s start with some definitions. Expungement and record sealing both aim to remove offenses from your permanent file, but they work differently:

• Expungement erases the arrest and conviction from your record, like it never happened. The court destroys or seals all records related to the case.
• Sealing hides the case from public view without destroying records. Courts, law enforcement, and some employers can still access sealed cases in limited circumstances.

New York restricts full expungement to a few minor convictions like disorderly conduct violations or low-level marijuana possession. More serious misdemeanors and felonies don’t qualify for expungement but may still be eligible for sealing.

What Types of Offenses Can Be Removed from Your Record?

The short answer – it depends. Eligibility for cleaning up a criminal record varies case by case based on:

• Type and severity of offense
• Outcome of the case (conviction, dismissal, acquittal, etc.)
• Time elapsed since the offense
• Number and nature of other convictions on your record

As a general rule, non-criminal violations, minor misdemeanors, and cases ending in acquittal or dismissal tend to qualify more often. Felonies are harder to seal or expunge but may still be possible in limited circumstances.

Here are some common examples of what can and can’t be removed in New York:

Potentially Eligible for Expungement:

• Disorderly conduct violations
• Trespassing violations
• Low-level marijuana possession (under 25g)
• Certain traffic infractions

Potentially Eligible for Sealing:

• Misdemeanor assault, larceny, fraud, theft
• Most drug possession charges
• DWI for first-time offenders

Typically Not Eligible:

• All felonies (can sometimes seal after 10 years)
• Most violent or sexual crimes
• Serious driving offenses (felony DWI, hit and run, etc.)

When in doubt, consult an experienced criminal record sealing attorney to explore your options. Small details of your case may open doors you didn’t know existed.

Christine Twomey

2024-03-21

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2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

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2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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What Is the Waiting Period to Seal or Expunge a Criminal Record in New York?

Assuming your offense qualifies, you must wait a minimum period from the final disposition of the case before applying for record relief. The waiting period gives you a chance to demonstrate good behavior and rehabilitation.

• Violations – No waiting period for expungement
• Misdemeanors – 3 years for sealing
• Felonies – 10 years for sealing

These are minimum time frames, not guarantees. The court also considers how well you’ve moved past your criminal mistakes before approving a record sealing request. Maintaining a clean record is vital during the waiting period.

What Is the Process for Sealing or Expunging a Criminal Record on Long Island?

The process for record relief varies slightly between Nassau and Suffolk Counties but involves these basic steps:

1. Research specific eligibility rules and gather documentation from your case.
2. Complete petition forms – available online or at the court clerk’s office.
3. File forms with the county court that handled your case. This starts the sealing or expungement application.
4. Attend court hearing and interview before a judge.
5. If approved, the court issues a sealing or expungement order. Records get updated accordingly.

Simple cases can complete steps 1-5 in 2-3 months. Complex situations often take 6 months or longer winding through the system. Unlike some states, New York does not allow DIY record relief without a hearing. Hiring an attorney maximizes your chances for success.

What Happens Once Your Record Gets Sealed or Expunged in New York?

The effects of record relief depend on whether you expunged or sealed your case.

With expungement, it’s like the arrest and conviction never happened. References get deleted from the NY criminal database and FBI records. Most applications no longer require you to disclose expunged cases.

Sealing keeps files accessible to some government agencies but hides them from most background checks. Private landlords and employers cannot see your sealed record. You still must disclose sealed cases on certain government, legal, and licensing applications. Violating these disclosure rules carries penalties.

In most contexts, however, sealing enables a clean slate nearly comparable to expungement.

Does an Out-of-State Conviction Need to Be Cleared in New York?

Out-of-state cases require extra steps before New York courts can seal or expunge them. You must first navigate the other state’s record relief process. Once cleared there, file a motion to recognize the foreign sealing/expungement order in New York. This adds it to your NY record relief.

Without formal recognition, an out-of-state conviction still shows up on reports in New York. Clearing it nationwide is essential for a fresh start.

Why Work With a Lawyer for Expungement or Record Sealing?

Technically, New York allows you to petition for record relief without an attorney. But navigating all the legal complexities alone is tough. An experienced criminal record sealing lawyer knows the system inside out. They spot issues you miss and help overcome common roadblocks, such as:

• Determining eligibility
• Gathering case documents
• Filling out forms correctly
• Drafting persuasive legal arguments
• Negotiating with judges and prosecutors
• Ensuring proper processing of sealing/expungement orders

Post-COVID court backlogs also slow record relief applications to a crawl. Retaining counsel gets your case prioritized faster.

Lawyers also help seal or expunge records in multiple counties/states simultaneously – something extremely difficult for non-lawyers managing the process alone.

Can a Conviction Be Removed from Your Record Without Sealing or Expungement?

Rarely, but it happens. In certain cases, defendants can negotiate to reduce charges to non-criminal dispositions or have convictions vacated post-sentencing.

Examples include:

• Plea deals to disorderly conduct or trespassing violations
• Conditional discharge sentences
• Post-conviction 440 Motions
• Certificate of Relief from Disabilities

Though not technically sealing or expungement, these outcomes scrub convictions from your permanent record. An attorney experienced in creative plea negotiations can sometimes make these longshots a reality.

Take Control of Your Future

A Long Island criminal record doesn’t have to haunt you forever. For qualifying offenses, expungement and record sealing offer a path to redemption. Free yourself from past mistakes so you can build the peaceful, successful life you deserve. Consult an attorney to explore your options today.