Seeking Expungement in New York City?
Taking Steps to Seal Your Criminal Record
Do you have a criminal record that is negatively impacting your personal
or professional life? With an expungement, individuals who have been
charged with criminal offenses can seal their records. This also limits access to your prior arrest information
to government entities, such as law enforcement and courtrooms, only.
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.
The Benefits of Expungement in Queens & NYC
With a criminal record, every time a potential employer, landlord, or bank
loan official performs a background check, he or she will see your criminal
offense. While some offenses can be easily explained away, people, especially
individuals running a business, will be more inclined to trust someone
without a criminal record over someone who has a criminal record. Through
expungement, an individual can seek to have his or her record wiped clean.
Once an offense has been expunged from your record, it will no longer
show up on a background check.
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.
If an individual is convicted of a misdemeanor or felony drug offense,
he or she may be eligible for record sealing through the completion of
a diversion program. Ineligible individuals include those who are unable
to complete probation, have current cases pending, or have been convicted
of serious felony charges. For more information regarding whether or not
you are eligible, please contact someone from our firm directly.
Call a Queens Criminal Attorney at the Firm!
The experienced Queens defense 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 our
Queens & NYC criminal defense firm as soon as possible.
We represent clients facing charges throughout all of New York, including
Queens, Brooklyn, The Bronx, Manhattan, Rockland County and Westchester County.