What Is Expungement and Is It Available in New York City?
Expungement is a process where the courts destroy or limit access to information regarding a person’s criminal conviction or arrest records. In some states, this process is fairly simple to complete. It allows individuals to answer truthfully on job applications that their criminal record is clear, among other benefits.
The unfortunate reality is that New York does not recognize any form of expungement. That does not mean you are without options, however. New York has a process in place for sealing criminal records, which limits public access to them. This provides many of the same benefits of expungement.
Understanding Sealed Records in New York
As any of the best expungement lawyers would know, expungement is the procedure by which records relating to a prior arrest or criminal conviction are wiped clean, either through physical destruction, sealing of records or both. A prior conviction that has gone through the process of expungement does not need to be disclosed on most job applications and should not turn up in any private background checks or criminal record searches performed by many employers (the few notable exceptions to its non disclosure benefit involve applications for certain professional licenses, including the state bar license required of lawyers as well as applications for certain law enforcement jobs which may require the applicant disclose any expunged arrest or conviction). Additionally, an individual who has received an expungement of their criminal record is given the benefit of first offender status by both law enforcement and the courts and, in certain states, could be eligible for multiple expungements over a period of time. At least in theory, an expunged criminal conviction, both on employment applications and in life, is treated as if it never happened.
Unfortunately, there is no mechanism in New York that allows those with prior felony or misdemeanor convictions to have their records of those offenses effectively destroyed or expunged. The closest available mechanism to expungement is an order of termination which, under New York’s Criminal Procedure Rules § 160.55, authorizes the destroying of arrest records and the sealing of prosecution papers relating to most traffic infractions and criminal violations, regardless of disposition. For felony or misdemeanor offenses, however, the record of your arrest and conviction is permanent.
While expungement procedures have yet to be authorized by New York’s legislature, other alternative forms of relief from the employment and civil consequences of a criminal conviction do exist. Specifically, a court order for the conditional sealing of a criminal record provides many of the same benefits of expungement but with some notable caveats. First and foremost, eligibility for an order of the conditional sealing of arrest and conviction records is extremely limited and is issued entirely at the discretion of the court. Relief more widely available in New York come in the form of certain certificates of rehabilitation which, among other benefits, lift bars on employment and restore lost civil rights in the wake of a felony and/or misdemeanor conviction.
New York’s Clean Slate Law
In 2024, New York took additional steps to streamline the process of sealing criminal records after a person qualifies for it. The purpose of this law is to make it easier for a person to see their record cleared regardless of their ability to hire legal counsel to assist in the process.
Before this act passed, criminal records could only be sealed through a system of judicial review. If a person who had been convicted of a crime and served their time lacked the resources to hire a criminal defense attorney or the knowledge to pursue this process on their own, they would be saddled with the conviction on their record for good.
Under this law, people who become eligible to have their records cleared will automatically enjoy the benefits of sealing without taking any action on their own. The law automatically seals cases for those who are eligible, completely eliminating the need for a person to file a petition and navigate the court system to have their record sealed away.
Misdemeanors are automatically sealed three years following the end of the sentence. For most felonies, this period is eight years. It is worth noting that certain felonies—like sex offenses—are ineligible.
What Happens When Records are Sealed?
The primary difference between sealing criminal records in New York and expungement that occurs in other states is that these documents are hidden instead of destroyed. However, many of the benefits are still present.
The record of a conviction and arrest remains in place, but it is hidden from the public in most cases. That means when private individuals conduct background checks, there is no record of a conviction for that individual. While the public might not be able to see these records, police and other authorities can. When a person is charged with crimes in the future, the prosecution is also aware of any sealed criminal convictions in their past.
While not all traces of the conviction are eliminated, some evidence of it is destroyed. Things like fingerprint cards, booking photos, and even DNA samples are even returned to the individual or destroyed.
That does not mean a person found guilty of a crime will no longer have their fingerprints on file, however. Most of the time, digital records of fingerprints are taken and the state is not obligated to delete those.
Another important piece of information is that an individual has the right to see their own sealed records as long as they produce identification. What’s more, someone can authorize another person to ask for the sealed records on their behalf. Finally, parole officers can review sealed records when a person is arrested while on probation.
Reach Out to Learn More About Expungement and Sealed Records
To find out if you may qualify to receive an order to seal of seal or a certificate of rehabilitation, contact one of the New York expungement lawyers at the Law Offices of Jeffrey Lichtman at your earliest opportunity. With decades of experience working within the New York State criminal justice system, we understand how a criminal record can derail a person’s life long after conviction and will work with you or your loved one on preparing an application for relief that has the best prospects for success.
Additional passages on the benefits and eligibility requirements for the various forms of relief available in New York from the collateral consequences of a criminal conviction are available here and here.