Braunfotel & Frendel LLC
Call Now for a FREE Consultation
888-787-5668 (Toll Free) 845-521-7835 (Local)
Se Habla Español · Nou Parle Creolé

Does New York allow a person's criminal record to be expunged?

Some states allow a person to expunge their criminal record -- that is, have it disappear forever. Unfortunately, New York is not one of these states. However, New York will allow a person's criminal record to be sealed in certain circumstances. What does that mean?

In essence, sealing a criminal record means that the general public will not be able to access it. There are a number of benefits to sealing a record. First and foremost, with a few exceptions, an employer will not be able to access the individual's criminal record, making it easier for a person to find work.

There are a number of types of cases that can be sealed. For example, juvenile criminal records can be sealed. Cases in which a person is not convicted are automatically sealed. "Non-criminal" violations can also be sealed. Certain marijuana possession cases can also be sealed. Finally, certain crimes, be they misdemeanors or felonies, can be sealed if the individual completes a court-ordered substance abuse program, has completed the rest of his or her sentence and no further criminal charges against the individual are pending.

That being said, sealing a record does not totally erase it. Certain people can still access it in certain situations. First of all, the individual can request a copy of his or her own criminal record. In addition, if a person is applying for a license to carry a firearm, the agency to which the application is made may view that person's criminal record. The same is true for employers of positions that require a person to carry a firearm, including working as a police officer or in the military. Furthermore, prosecutors may still access a person's criminal record if they can prove to a judge that such access is required by justice.

Sealing a criminal record can be very advantageous to an individual. Since this post cannot provide legal advice, one can consult with a criminal defense attorney to learn more about how to seal a criminal record.

Source: FindLaw, "How To Expunge a Criminal Record in New York," January 13, 2014

No Comments

Leave a comment
Comment Information

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Braunfotel & Frendel LLC
49 Maple Avenue
New City, New York 10956

Toll Free: 888-787-5668
Phone: 845-521-7835
Fax: 845-634-7710
Map & Directions

Braunfotel & Frendel LLC