Seeking Expungement in New York City?
Taking Steps to Seal Your Criminal Record
Expungement refers to a process where those charged with criminal violations can have their records sealed, as well as limiting access to information about prior arrests solely to government organizations, such as the court and law enforcement. While some states offer the process up to convicts of non-violent crimes, the only people eligible for expungement in New York state include those who have had charges dropped, dismissed, thrown out or in situations where the criminal process was not completed for whatever reason.
It is also important to note that violations for traffic infractions or crimes like disorderly conduct are eligible for expungement. Also, since 1990, those who have been convicted of certain felony drug crimes may be eligible to have their criminal records sealed by fulfilling certain requirements, such as the successful completion of a drug treatment program.
Who is disqualified from expungement?
Expungement is permissible throughout the United States, although the qualifications differ slightly depending on the state. In New York, the expungement provisions can be found in § 160 of the New York Criminal Procedures.
According to 160.50 NYCP- Order upon termination of criminal action in favor of the accused:
1. Upon the termination of a criminal action or proceeding against a person in favor of such person...the record of such action or proceeding shall be sealed...and unless the court has directed otherwise, that the record of such action or proceeding shall be sealed.
In the event of a felony or misdemeanor drug offense, successful completion of a diversion program could qualify an individual for record sealing. Certain individuals who do not successfully complete their probation, have cases pending or those individuals who have been charged with serious felony offenses may not be able to get their records expunged. For the most accurate evaluation of your eligibility, please contact someone from our firm directly.
Call a New York City criminal attorney at the firm!
The experienced lawyers at Musa-Obregon & Associates know this process inside and out and can make sure you have followed the steps completely to give you the best chance for sealing your records and moving forward with your life. Even if you have made up for your mistakes of the past, a prior criminal record can have a prolonged negative effect on the quality of your life.
Many career paths, loans or other opportunities will not be available to a person with a criminal history, even if you have put those things behind you. Their firm can appreciate the significance of a second chance and believe expungement can be an integral piece for rebuilding life after a troublesome past. They can identify whether your case is eligible, how many of your prior charges can be sealed and how to successfully navigate the legal process to get the most out of your request. While expungement can be a complicated process with the court, having a seasoned professional at your disposal can be the difference between a successful filing and a failed one. It is therefore highly encouraged for you to contact their firm as soon as possible.