Having a felony conviction on your criminal record can severely impact your future. As such, you may be wondering about the possibility of clearing or otherwise having the charge removed from your criminal record. This process is known as expungement. Several states offer expungement for a variety of crimes, including felonies. However, New York functions differently. Please continue reading to learn whether or not you are eligible to expunge a felony and why connecting with our skilled Nassau County Criminal Defense Attorneys is in your best interest.
Can a Felony Ever Be Expunged in NY?
As briefly mentioned above, expungement is the legal process in which a record is permanently erased. This process grants individuals a fresh start and essentially a second chance. In New York, felony charges cannot be expunged. However, individuals can request to have their records sealed, which can accomplish the same objective as an expungement.
When a record is sealed, it means it will become invisible to the public. A record that has been sealed is not erased, and it can still be viewed by certain parties under the right circumstances as it remains a part of the state’s records. For instance, if a potential employer runs a background check, a sealed record will not show up.
In the State of New York, all misdemeanor convictions, other than those requiring registration as a sex offender are eligible, as well as some felonies to be sealed. Certain felonies can be sealed, but the following are not eligible for the same protections:
- New York Class A felonies
- Violent felonies
- Homicide felonies
- Sex offenses
- Felony attempt or conspiracy to commit any of the above
Is My Conviction Eligible for Sealing?
To be eligible to apply for sealing under New York law, you must satisfy certain requirements. First, you must have completed all of the terms of your sentence, including paying your fines, serving jail time, and completing probation or parole. In addition, you must have been crime-free for at least ten years since your conviciton or release and have only two convictions on your criminal record. If you have more than two convictions, you may still be eligible if the convictions are related to the same one or two incidents. The court will not grant your request to seal your records if you have an open criminal case, the conviction is for an out-of-state crime, you are a registered sex offender, or you trying to seal an ineligible offense.
As you can see, the process of having criminal records sealed can be challenging. That’s why it’s important to enlist the help of an experienced Nassau County criminal defense attorney, who can help you understand your rights and legal options. Connect with our dedicated legal team at KCS Law to learn how we can guide you through these complex matters.
