Can I get a felony conviction sealed or expunged in New York?

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Last Updated on: 25th September 2023, 06:58 pm

Can I Get a Felony Conviction Sealed or Expunged in New York?

Having a felony conviction on your record can make life extremely difficult. It closes doors for jobs, housing, loans, and opportunities. That’s why many want to get felonies sealed or expunged in New York.

Unfortunately, New York law makes it very hard, if not impossible, to erase or seal a felony record. But there are some limited options. This article explains the challenges and potential ways to minimize the impact of a felony.

The Problem with Felonies

Let’s start with why felonies are so damaging. Felony convictions appear on background checks forever. They announce to the world that you have a serious criminal record.

Many landlords won’t rent to felons. Most employers immediately reject applications with felonies. You can be barred from getting professional licenses, business loans, and government benefits. Even basic things like adopting a child become extremely difficult.

In short, a felony conviction strips away opportunities and closes many doors.

No Felony Expungement in New York

So what can you do about it? Many states allow expungement for at least some types of felonies after a period of time. Expungement erases the conviction completely – the court dismisses the charges and essentially treats them as if they never happened.

But New York does NOT allow expungement of felonies at all. The only exception is low-level marijuana possession charges, which can now be expunged under the Marijuana Regulation and Taxation Act (MRTA). No other felonies can be wiped from your record.[1]

Sealing Felonies in New York

If expungement isn’t an option, what about sealing? Sealing keeps the conviction on your record, but hides it from public view.

Unfortunately, New York also makes it almost impossible to seal a felony.

The only path is waiting 10 years under Section 160.59. After 10 years conviction-free, you can apply to seal up to 2 misdemeanor convictions and 1 felony conviction. Only low-level non-violent felonies are eligible.

But even then, the court doesn’t have to grant sealing. The district attorney can argue against it. And commercial background checks used by employers will still show the conviction.[2]

Certificate of Relief from Disabilities

If you can’t expunge or seal a felony in New York, what options do you have? One potential path is getting a Certificate of Relief from Disabilities.

This document doesn’t remove the conviction, but it lifts automatic forfeitures and disabilities. For example, it can restore eligibility for professional licenses and certifications that normally ban people with felonies.

To get a Certificate of Relief, you must show rehabilitation and that relief from disabilities will help prevent future offenses. The parole board or court issues certificates.[3]

Certificate of Good Conduct

Another option is a Certificate of Good Conduct. This also doesn’t seal the record, but it removes bars for certain jobs, licenses, and opportunities.

You must have had no arrests for 5-10 years after release, show rehabilitation, and get approved by the parole board. This can help reduce discrimination in housing and employment.[4]

Executive Clemency

One last long-shot is getting a pardon from the Governor. This rarely happens, but executive clemency can forgive a conviction and restore rights lost.

You must show remorse, rehabilitation, and need for relief. Even a pardon doesn’t seal the record though. And employers can still consider the conviction.[5]

Federal Expungement Options

While New York offers little relief for felonies, federal law is more forgiving. If you have a federal conviction, these options may help:

• Federal record sealing for certain non-violent offenses
• Presidential pardon
• Federal Certificate of Rehabilitation
• Early termination of probation or parole

Consult an attorney to understand federal expungement eligibility and process.

The Hard Truth

The bottom line in New York is that felony convictions will stay on your record. Sealing or expunging felonies is extremely limited.

Instead, focus your energy going forward. Continue being law-abiding. Earn Certificates of Relief or Good Conduct. Appeal to employers about your rehabilitation.

It won’t be easy, but with the right opportunities and advocates, you can still succeed despite your past.

References:

[1] NY Courts – Sealed Criminal Records

[2] NY Courts – Sealing After 10 Years

[3] NY Courts – Certificate of Relief

[4] NY Courts – Certificate of Good Conduct

[5] NYS – Apply for Clemency