What You Need to Know About Expungement in New York City

What You Need to Know About Expungement in New York City

Getting arrested or convicted of a crime can haunt you for the rest of your life. Even if you’ve turned your life around, that criminal record can make it hard to get a job, rent an apartment, or get approved for loans. Luckily, New York offers a way to wipe your record clean through a process called expungement.

Expungement doesn’t erase the fact that you were arrested or convicted, but it seals your criminal record from public view. For most purposes, it’s like the arrest or conviction never happened. This article will walk you through everything you need to know about expungement in NYC.

What is Expungement?

Expungement is the process of sealing criminal records from public view . It’s also sometimes called “sealing” or “erasure.”

When your record is expunged in New York, the arrest and conviction are not totally erased, but they are hidden from most background checks. The records can still be accessed by law enforcement and some government agencies, but they won’t show up on most employer or landlord background checks.

Expungement gives people with criminal histories a clean slate and a second chance. It removes a huge barrier to getting jobs, housing, loans etc. Think of it as sealing up and hiding away your past mistakes.

How Does Expungement Work in New York?

New York has a fairly complex set of laws around expungement that depend on the type of conviction, when it occurred, and other factors. Here’s a quick overview:

• Convictions for most misdemeanors and violations can be sealed after 10 years from the end of your sentence .
• Non-criminal offenses like disorderly conduct can be sealed right away .
• Felony convictions generally can’t be sealed, with some exceptions. More on that later.
• Convictions as a juvenile can be sealed after 5-10 years depending on the offense .

The waiting periods give you a chance to demonstrate you’ve turned over a new leaf. After the waiting period, you can apply to the court to have your record sealed.

Which Convictions Can Be Expunged in New York?

As mentioned above, whether you can get your record sealed in New York depends on the type and severity of the conviction.

Misdemeanors and Violations

Most misdemeanor convictions – like petty theft, simple assault, or minor drug possession – can be sealed after 10 years. The same goes for “violations” like trespassing or disorderly conduct .

However, misdemeanors for sex offenses generally can’t be sealed. And convictions for misdemeanor sexual misconduct can only be sealed after 10 years if you were under 21 at the time of the offense .

Felonies

Felony convictions are more serious and usually can’t be sealed in New York. But there are a few exceptions:

• Most felony convictions can be sealed after 10 years if you have no other felonies on your record .
• Certain lower-level felonies like 3rd degree burglary or 4th degree arson can be sealed after 7 years .
• Felony convictions for controlled substance possession can be sealed after 5 years .

However, violent felonies and major drug trafficking offenses almost never qualify for sealing.

Non-Criminal Offenses

Non-criminal offenses like disorderly conduct, trespass, loitering, and harassment can be sealed immediately after the case ends. You don’t have to wait any period of time .

Juvenile Records

New York allows sealing of juvenile delinquency records after a waiting period based on the offense:

• 5 years for misdemeanors
• 3 years for violations and non-criminal offenses
• 10 years for felonies

The court can also seal a juvenile record if it’s found to be in the interest of justice .

How to Apply for Expungement in New York

If you’re eligible to have your NY conviction sealed, the next step is submitting an application to the court. Here’s how it works:

1. Get your rap sheet from the NY Division of Criminal Justice Services. This lists your entire criminal record in New York. There’s a $75 fee.
2. Complete the sealing application available at: www.nycourts.gov/forms/cpl_160.55_sealing_application.pdf. This covers why you qualify and why sealing would help you.
3. File the application in the county where you were convicted. The fee is around $45.
4. Usually you don’t have to appear in court. The judge reviews your application and makes a decision.
5. If approved, the conviction is sealed! The process takes 2-4 months on average.

You can also hire an expungement lawyer to handle the whole application process for you. This costs around $1,500 – $2,000 but makes things much easier .

Federal Convictions and Out-of-State Convictions

The New York sealing laws only apply to convictions in New York State courts. Here’s how to handle other situations:

• For federal convictions, you must apply for expungement directly through the federal court where you were convicted.
• To seal out-of-state convictions, you’ll need to research that state’s laws and file a sealing application there.
• For federal or out-of-state drug offenses, you may be able to get a federal expungement through the federal First Step Act’s “Clean Slate” program .

Benefits of Expungement

Getting your record sealed in New York brings many benefits that can truly change your life:

• You can legally say you have no criminal record on most job and housing applications.
• Your record won’t show up on most background checks by employers, landlords, banks, etc.
• You avoid the social stigma and assumptions people make about those with criminal histories.
• You’ll have an easier time getting jobs, occupational licenses, housing, and loans.
• Your record is still visible to law enforcement, but the sealed status may help avoid harsher sentences if you’re ever arrested again.

In short, expungement gives you a true second chance and removes the barriers caused by having a criminal record.

Limitations of Sealed Records in New York

While expungement is extremely helpful, there are some limitations to be aware of:

• Government agencies like law enforcement can still see your sealed conviction.
• Your sealed record may still be visible on some commercial background checks. Getting it fully removed from all databases can be tricky.
• You must still disclose the conviction if applying for a gun permit or license as a security guard, attorney, health care worker etc .
• A sealed conviction can still be used to increase your sentence if you’re convicted of another crime later on.

So while expungement doesn’t make your past completely disappear, it goes a very long way in letting you move forward with your life.

Other Options if You Don’t Qualify for Sealing

If your conviction can’t be sealed under New York law, there are some other options that may help:

• Apply for a Certificate of Relief from Disabilities to lift penalties and disqualifications caused by your conviction .
• Request a Certificate of Good Conduct to show your rehabilitation and improve employment chances .
• Ask the court for a modification to reduce the severity of your conviction, like from a felony to a misdemeanor.
• If you have alcohol or drug addiction issues, enter a treatment program – completing treatment can help demonstrate rehabilitation.

While these options don’t seal your record, they can help show you’ve turned your life around and reduce barriers caused by your conviction.

The Bottom Line on Expungement in New York

Having your record sealed through expungement can be life-changing if you’re living with a criminal history. It wipes your slate clean and gives you a true second chance.

While the laws are complex, the basic thing to remember is misdemeanors and some felonies can be sealed after 5-10 years. Violations and non-criminal offenses can be sealed immediately. An expungement lawyer can help navigate the process.

If you aren’t eligible for sealing, relief certificates and other options may help mitigate your record. Don’t lose hope – there are always ways to overcome your past, even if expungement isn’t available.