When a person receives a criminal record, it can detrimentally impact their life and reputation in a variety of ways. Oftentimes, it can prevent them from getting or keeping certain jobs, living in certain areas, and more. It is because of this that there are steps that can be taken to protect a person from this uncertain future. In doing so, it is important to retain the services of an experienced New York criminal defense attorney for guidance when dealing with these matters.
Can I Expunge My Record in New York?
While some states allow it, it is important to know that the state of New York does not expunge criminal records. However, in some cases, a person with a record may be able to have it sealed. This means that the record cannot be viewed by the public. However, it can still be viewed by certain law enforcement agencies.
How Can I Seal My Record?
When a person wants their record sealed, the first step is to hire an attorney who can file a motion with the court. Once this is done, the individual and their attorney can complete the form that petitions the seal of their records. If the petition is approved, the county clerk where the individual was charged can give notice that the record was sealed. However, it is important to know that this is easier said than done. Oftentimes, the court will challenge these petitions. When this happens, the individual and their attorney must present evidence to the court that proves their case.
What Crimes Can Be Sealed in New York?
There are a variety of crimes that can be sealed in the state of New York, including the following:
- Possession of less than ⅞ of an ounce of marijuana, three years after their conviction
- Non-criminal violations, such as trespassing
- Certain crimes committed as a juvenile
- Any charge where there was no conviction
- Certain misdemeanors or felonies, as long as the offender either entered court-mandated alcohol or drug treatment program, have no additional pending charges, and have satisfied any sentence or request mandated after they completed treatment.
Contact our Firm
If you or someone you know what charged with a gun crime, contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.