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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 Law PC 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.

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