New York record expungement
Unfortunately, New York does not allow a person to have a felony or misdemeanor conviction expunged or sealed. There is one exception for those who were convicted of certain drug possession charges and received a drug treatment program as part of their sentence; these cases can often be sealed.
There are also a legal ways to have some or all of your rights restored in New York. Most attorneys charge $2,000 to $5,000 for these services, and they often take more than a year to complete. The best way to see what you are eligible for is to take our free online eligibility test.
Only in very limited circumstances does the state of New York provide for expungement of someone's criminal record. There are some infractions that the court in New York automatically expunges you for. If you were found guilty of any traffic infractions or cases classified as violations, such as a disorderly conduct charge, they will be expunged automatically. Misdemeanor and felony convictions are not allowed to be expunged. A special provision exists only for the expungement of some DNA records. This situation could only happen if the DNA was taken because of a felony or misdemeanor conviction, and the conviction was overturned during the appeals process, or if a pardon was granted, or the conviction was vacated by the court. Also, DNA records obtained in correlation with a plea agreement have the chance to be expunged. On the other hand, the records that are related to the conviction or plea agreement are not allowed to be expunged.
You must get hold of the essential documents to support your request for expungement of your records from the DNA database. If you were convicted, but your case was overturned on appeal, vacated by the trial court, or you obtained a pardon, you must get hold of a certified copy of the final order to support any of the applicable situations. If your information was integrated in the DNA databank as a result of a plea agreement, you must offer adequate documentation that you completed and complied with all the terms of the plea agreement.
After this, you need to write a request for expungement of your records from the DNA databank. Send this request to the New York Division of Criminal Justice Services (DCJS). In your request you should have included all pertinent identifying information-- full name, date of birth, current address and your case number--also include with the request the certified copies or other documentation you have received showing you complied with the terms of your plea agreement or that your charges were overturned, etc.
Once you get a response from the DCJS, you should review and check for any discrepancies involving the information you sent in, and the information the DCJS located. If there is something wrong, you must respond to the DCJS to explain the discrepancies. If the DCJS that you are eligible for an expungement, the DCJS will specify by what date you can expect the records to be sent back to you. They have up to 120 days to do this.
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