When you are convicted of a crime, in addition to the initial punishment, such as jail time, steep monetary fines, and probation, there are also indirect consequences. These collateral consequences can affect various aspects of your life, including your ability to obtain gainful employment. As such, you may be wondering whether it’s possible to have a criminal charge removed from your criminal record. This process is known as expungement. While some states offer expungement for certain offenses, including felonies, New York operates differently. Please continue reading to learn whether or not you are eligible to have a felony conviciton expunged and why connecting with a determined Rockland County Criminal Defense Attorney is in your best interest.
Can a Felony Conviction Be Expunged From My Criminal Record?
Unlike other states, New York doesn’t allow those with felony convictions to undergo the expungement process, which would destroy the record. Essentially, having a record expunged means the crime and conviction are completely erased from your record. There are numerous benefits to having your records expunged as it can provide you with a new beginning and a second chance.
Although New York doesn’t offer expungement, it may be possible to have your records sealed under certain circumstances. If certain conditions are met, your record may be sealed, meaning it will no longer be accessible to the public. However, it will remain part of the state’s records. This means that certain entities may still access these records under limited circumstances.
Is My Conviction Eligible for Sealing?
It’s important to note that not all criminal convictions are eligible for sealing in New York. Certain convictions, such as those that demonstrate a significant danger to the public like violent felonies, do not qualify for sealing. The following offenses are ineligible for this protection:
- Crimes categorized as Class A felonies
- Violent crimes
- Sex offenses
- Felony attempt or conspiracy to commit any of the above crimes
Before the court will consider sealing your criminal record, you must satisfy certain conditions. To be eligible you must meet the following criteria:
- At least ten years have passed between your sentencing or release and your application to the court
- You don’t have any open criminal cases
- You have no recent criminal convictions
- You have two convictions or less on your criminal record
As you can see, the process of having criminal records sealed can be complex. That’s why it’s important to enlist the help of a seasoned Rockland County criminal defense attorney, who can help protect your rights and effectively represent your interests during this time. Connect with our dedicated legal team at The Law Office of Carl Spector today to learn how we can guide you through these complex matters.
