New york expungement statute. Clear your record after a DUI in New York.

New york expungement statute. 57) will automatically seal an individual’s New York State criminal records. Automatic sealing and expungement of certain convictions. Jun 3, 2025 · (updated June 3, 2025) Starting Feb. These are the current record clearance laws in New York. Generally, the Contents 1. To protect public safety and ensure we are If you live in New York City and are wondering if expungement for criminal convictions is available, call us so we can advise on your case. However, New York does have a process under New York Criminal Procedure Law Section 160. 59 went into effect in 2017, many hard working and honest people have asked, "Can I seal my old criminal conviction or get it expunged?" Once they realize that they can, Compare the best Expungement lawyers near New York, NY today. Y. Virginia law currently authorizes a petition-based process only for expungement of non-convictions from criminal history records (Virginia Code § 19. Jan 8, 2020 · Some states, such as New Jersey and Pennsylvania have formal expungement statutes for qualifying convictions. A New York record sealing lawyer checks eligibility, prepares filings, and appears in court if Apr 22, 2021 · Expungement of Records Prior to 2019, expungement did not exist in New York as a legal concept. Mar 31, 2025 · Understanding the Difference Between Expungement and Sealing in New York In contrast with other states, New York does not allow for felony records to be completely expunged, which unfortunately means that the record cannot be completely erased. Jun 26, 2023 · The New York State House and Assembly have passed A1029C, the New York Clean Slate Act, sending the measure to Governor Kathy Hochul for signature. Mar 20, 2025 · Expunging a criminal record in New York is a critical step for individuals looking to move past their mistakes and rebuild their lives. Laws governing expungements in NEW YORK and all 50 states and Washingto D. Oct 3, 2018 · Since New York CPL 160. Goshen criminal defense attorneys Dupée & Monroe explain the process and benefits of criminal record sealing under New York’s Clean Slate Act or court order. See, e. New York uses a process called sealing for some cases. This means that you can, in certain states, expunge convictions. Arbitration Filings to Expunge False or Libelous Contents of the U-5 Once a U-5 is updated, its contents cannot be altered or expunged except through an action such as an arbitration proceeding. . 59 eligibility, process, relevant factors and effects. In the state of New York, the expungement process has been a topic of much discussion and debate in recent years. Feb 15, 2025 · Expungement is a legal process that allows individuals to clear their criminal record of certain past convictions or arrests. 59. After implementation, millions of New York families have the opportunity to thrive as past conviction records begin to seal. Jan 26, 2023 · Expunged marijuana convictions do not count toward your total number of convictions. Under the New York State Human Rights Law (NY Executive Law § 296. There are certain eligibiltity requirements discussed here. Jul 15, 2025 · Guide to restoration of rights, pardon, and criminal record sealing & expungement following a New York criminal conviction. Individuals have other options, however, such as getting their records sealed, which restricts the general public from accessing their records, such as Freiberger Haber provides representation to individuals and firms involved in expungement. The new law expands record-sealing, and shortens the timeframe . May 26, 2025 · Unlike some other states, New York has no laws to erase or “expunge” criminal convictions. Sep 11, 2019 · Recent legislation in New York does allow you to finally seal DWI "Driving While Intoxicated" conviction. If this has happened or you are amid ongoing Aug 28, 2019 · New York's new marijuana decriminalization and expungement law is now in effect! Our fact sheet has everything you need to know about the new law. Mr. Under the law, the smell of marijuana alone is no longer probable cause for a search by law enforcement. [1] Many states allow Jul 26, 2022 · Unfortunately, New York has no statutes allowing for expungement of any crimes, except for certain marijuana-related convictions. Under the new sealing law passed in October of 2017, sealed records will remain available only to "qualified agencies. Jan 10, 2024 · Expungement of conviction records in the state of New York is possible if the offenses are non-criminal. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases. Sealing a criminal conviction involves the destruction of most records related to the case. The law takes effect on November 16, 2024. Our traffic ticket lawyers possess in-depth knowledge of these laws and understand the nuances that can impact your case. What the Clean Slate Act does This law will automatically seal certain criminal records after a required waiting period – three years after conviction or release from jail for a misdemeanor and eight years after conviction or release from prison for a felony – provided they have maintained a clean record and are no longer on probation or parole. The expungement of state and federal criminal records. 59, all of the following must be true: You have no more than two criminal convictions in your lifetime. ” This process can be deceptively complex and full of pitfalls for anyone not familiar with the application of this law. With over 50 years of collective education and experience, our attorneys have the skills and knowledge necessary to defend your rights. May 2, 2025 · Ever find yourself in NY criminal court? Being arrested or convicted of a crime in New York State is reflected in your criminal record and can have serious consequences for things like finding employment, a place to live, and more. The Clean Slate Act (CPL 160. Within three (3) years, the office of court administration will seal eligible convictions entered before the effective date. In New York, expungement is not available for most criminal offenses and is only granted in limited circumstances No. Having an experienced attorney by your side is an important factor in successfully expunging a criminal conviction. Applies to certain misdemeanors and felonies subject to certain condi- tions. Stephen Bilkis & Associates have successfully handled criminal cases At Vasiliou Law, based in Queens and serving all of New York, we help clients navigate the record-clearing process and take advantage of this new law. Guidance and help available for process and requirements. Jul 22, 2025 · Here’s why having a qualified lawyer by your side is crucial. This resource is designed to provide accurate, accessible information on state-level expungement based on the most Aug 18, 2025 · Navigating a criminal record in New York can present significant challenges, impacting employment, housing, and educational opportunities. -- SEALING OLD NEW YORK CONVICTIONS NEW YORK PASSED A LAW IN 2017 THAT ALLOWS PEOPLE TO SEAL UP TO TWO CRIMINAL CONVICTIONS. Once given the right to have records sealed, then only a The state of New York allows the restriction and deletion of the criminal history information of eligible persons. Here’s what you need to know about expungement, record sealing, and how the Clean Slate Act could help you. 2d 906 (N. Feb 21, 2025 · Learn how to access, search, and expunge New York arrest records. What is an expungement? The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges. Here are the facts. View full information. Even after serving time, paying fines, or completing probation, the shadow of a past arrest or conviction can May 31, 2017 · To learn more about New York sealing laws and how it relates to expunging your misdemeanor or felony criminal record, review this blog as well as the New York Sealing Law information page with a more in depth analysis of New York Criminal Procedure Law 160. The exception is certain marijuana misdemeanors, which are automatically expunged under some circumstances. 2. Contact our New York expungement lawyer! Dec 24, 2019 · In the absence of a New York expungement statute, people with criminal records can get misdemeanors sealed, which does not legally erase the records but hides most of them from public view. g. Expungement and Sealing Records First, I should say that New York does not have an expungement law. You have been a law-abiding citizen since your arrest for Petit Larceny, Grand Larceny, Assault, Criminal Possession of Stolen Property, Criminal Possession or Sale of a Controlled Substance, Forgery or whatever you pleaded to in a New York court. , Matter of Daniel PP, 224 A. Expertise in Traffic Laws Traffic laws can vary significantly from state to state, and New York has its own specific regulations regarding expungement. Expungement of Criminal Records – General – New York 1. You will get this benefit if you were convicted of possessing up to 16 oz or selling up to 25 grams. Expungement: There is no formal process outlined by statute, but family courts in New York can expunge its own records if it chooses to. Whether your case was dismissed or you’ve long since completed your sentence, expungement—or record sealing in New York—can offer a powerful second chance. Sealing Criminal Records in New York State Criminal Procedure Law 160. Situation 1: The DMV is refusing to relicense a driver because of the driver’s criminal record, so clearing it up becomes Nov 16, 2023 · NYU Law Brennan Center for Justice Senior Counsel Ames Grawert said, "The Clean Slate Act is a great victory for racial and economic justice in New York State. The Laws of New York Consolidated Laws of New York ABC Alcoholic Beverage Control Feb 15, 2025 · Expunge And Sealing Record In New York Law In New York, a criminal record can be either expunged or sealed, depending on the circumstances. Expungement is a legal process that allows eligible individuals to have certain arrests and convictions removed from their record, giving them a fresh start and the chance to move forward without the stigma of past mistakes. Understand legal rights, public records laws, and the expungement process in the Empire State. Stephen Bilkis & Associates have successfully handled criminal cases throughout New York City and Long Island including Oct 9, 2024 · The official home page of the New York State Unified Court System. May 9, 2024 · New York Expungement Laws This guide aims to simplify the process for individuals seeking to understand and potentially clear their criminal records in the state of New York. This guide offers a clear, state-by-state breakdown of eligibility and procedures for expungement and pardons across all 50 U. While New York has specific laws governing the expungement of criminal records, the process can be complex and 2024 New Jersey Revised Statutes Title 2C - The New Jersey Code of Criminal Justice Section 2C:52-1 - Definitions of expungement. " This includes agencies within the criminal justice system, such as courts, law enforcement agencies, or employers responsible for issuing firearms. This law also requires the expungement of certain convictions for possession and sale of marijuana. In this guide, Vasiliou Law explains who qualifies, how the process works, and how New York’s evolving laws may help clear your record for good. The official home page of the New York State Unified Court System. You need to do paperwork and apply to the court: Request a Criminal Certificate of Disposition from the court. The process of making criminal records unavailable for public view is usually referred to as “sealing” a criminal conviction in New York state. Unfortunately, misinformation is being spread and has led to some confusion on what the Act does. To seal your record under CPL section 160. S. Jan 10, 2025 · Legally Reviewed Fact-Checked Can a Felony Conviction Be Expunged in New York? In New York, felony expungement is not available. C. Article 160 of the Criminal Procedure Law allows sealing for specific convictions and non convictions, and the Clean Slate Act from 2023 adds automatic sealing after a set wait when a person stays conviction free. If the case was dropped or you won, it still shows up as part of your arrest record attached to your criminal history. It will give millions of New Yorkers who are trying to rebuild their lives a better chance at jobs, college, and housing. May 23, 2023 · Clear your DWI record in New York with The Law Office of Keith R. Advocates argue that expungement can provide individuals with a fresh start and new opportunities, while opponents argue that it can undermine the criminal Mar 31, 2021 · Cannabis (Marihuana) and Expungement Under New York State Law Under New York State Law, effective March 31, 2021, it is no longer a crime to smoke or possess limited amounts of cannabis (marihuana or marijuana). DeLuca serves the greater Capital Region including Albany, Latham, Troy, Schenectady, Saratoga Springs, Glens Falls and the surrounding What Crimes Can Be Sealed in New York? New York State does NOT permit criminal records to be expunged. The sealing of these records is not automatic. Authority for expunging, sealing, or setting aside convictions 2. The guide for applying for state and federal criminal record expungment. More details on non-conviction record relief are in the Chart #3 of this section. Clean Slate Act Myths and Facts The Clean Slate Act (A. 50 allows for the sealing of records and destruction of fingerprints, palmprints, photographs, proofs and copies thereof when the outcome of the criminal case is favorable to the defendant. states. Apply for a free court record expungement through eCourts. But not all convictions are eligible. Navigating the process of clearing a criminal record can be overwhelming, especially when the laws vary so widely from one state to another. * California, Connecticut, and New Jersey have also enacted laws providing for marijuana A Fresh Start: How New York’s Clean Slate Act Can Help You A criminal record can make life difficult, affecting job opportunities, housing, and even professional licenses. Get legal advice from a defense attorney. You really want a second chance and start fresh? How to clear your legal record. 59 has taken effect and has transformed New York law for those with old criminal convictions who can now have both felonies and misdemeanors permanently sealed. At Vasiliou Law, our dedicated expungement lawyers in Queens can review your case, determine if expungement is an option, and handle all aspects of the process for you. Mar 17, 2025 · Learn how New York’s juvenile offender laws balance accountability and rehabilitation, including court processes, sentencing, and record-sealing options. Sep 24, 2025 · Under New York's 2021 legalization law, several old and new penal law marijuana convictions will be automatically expunged. Find out if you qualify and protect your record today. We can contact them for you. Aug 15, 2025 · Cannabis laws in New York have evolved dramatically, culminating in the landmark legalization of recreational marijuana in March 2021 under the Marijuana Regulation and Taxation Act. Contact Expungement Lawyers in New York, NY to help you with your case. Some people still call it expungement, but New York relies on sealing for most relief. State DNA identification index Current as of January 01, 2024 | Updated by FindLaw Staff 1. 2). Regain your freedom and peace of mind. New York only recently allowed for broad criminal record sealing of many non-violent felony and misdemeanor criminal records, including drug possession and driving while intoxicated (DWI/DUI) convictions, under CPL Section 160. 1996). Expungement Lawyers Serving New York & New Jersey Providing Legal Representation Since 1930 Moving forward after being convicted for a state or federal offense in New York or New Jersey can be difficult because you have a permanent criminal record. This shift reflects a broader societal reevaluation of cannabis policy, balancing public safety with social justice. Want to spread the word about Clean Slate Nov 16, 2023 · New Yorkers who've committed crimes in the past will get their criminal records automatically sealed if they stay out of trouble for a certain period of time under a long-awaited bill signed into In New York, expungement laws provide individuals with the opportunity to clear their criminal records. D. This advisory covers: (1) how this law affects criminal grounds of inadmissibility, deportability, and drug trafficking aggravated felony; (2) how this law affects eligibility for Deferred Action for Childhood Arrivals (DACA); (3) how to use the new vacatur provision to alleviate immigration consequences; and (4) arguments that some legislative actions to expunge and vacate convictions are Section 1 amends the Criminal Procedure Law by adding a new § 160. 12, 2024, Pennsylvania residents with criminal records will have more chances for a fresh start. Other conditions require that the defendant not have a pending criminal charge in Learn about sealing criminal records in New York, your eligibility, and how it helps remove collateral consequences. The current expungement process in Virginia requires the individual charged with the offense to file a petition and fingerprints with the circuit court, pay a filing fee, and possibly attend a hearing on the matter. 1029-C) automatically seals certain criminal records to give more New Yorkers a second chance, reduce recidivism and contribute to their communities. Among these conditions are waiting periods for traffic infrac- tions, misdemeanors and felonies. Yet, complexities in implementation and enforcement persist. Use our free directory to instantly connect with verified Expungement attorneys. Nov 17, 2024 · NEW YORK — The Clean Slate Act, a new law that just took effect, wipes criminal records clean for millions of people in New York. Remove records of arrests, court proceedings, and convictions. If employers ask about convictions in their job applications, they should specify that the question does not include sealed convictions. Steps to Prepare and File a CPL 160. § 160. We hear more than three million cases a year involving almost every type of endeavor. There are two situations when people call asking to get old cases sealed. In 2021, the state repealed Article 221 of the New York Penal Code, so convictions under that article were automatically expunged. Jan 22, 2024 · This article is based on a 50-state review of expungement and sealing statutes, as well as interviews with prosecutors in California, Massachusetts, Nevada, New York, Pennsylvania, and West Virginia. Instead, records were sealed, a process that is fundamentally different from expungement, according to Powell. Every employment check reveals your record and you find yourself passed over no matter how you have Know Your Rights New York’s New Marijuana Expungement Law On March 31, 2021, New York State legalized possession of up to 3 ounces of flower marijuana and up to 24 grams of concentrated marijuana1 by people over 21 years old. Mar 31, 2025 · New York does not allow expungement, but some misdemeanors may be sealed under certain conditions. 59 Sealing Application STEP 1: Complete the Request for Criminal Certificate of Disposition for CPL 160. Judicial and correctional certificates of relief 5. Juvenile Sealing: Complete or Partial One major concern is that police records are not covered by these statutes and laws relating to the sealing and expunging of court records. 57. Have a question about the law or want to know what Clean Slate means for you? See our FAQ or attend a live event or one of our monthly live webinars. You need an experienced and aggressive criminal defense attorney to Entities that are mandated by law to consider sealed records or run fingerprint-based background checks; The New York State Education Department (NYSED) for purposes including hiring in public, private, and religious schools, disciplinary proceedings, and licensing; Private transportation companies like Uber and Lyft; and Aug 28, 2024 · Discover the best expungement lawyer in New York for clearing your criminal record. Sealing & Expungement New York Sealing Attorneys Westchester Expungement Attorneys New York’s new sealing law, Criminal Procedure Law 160. In general, expungement is a process through which all records of an arrest and of any subsequent court proceedings are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged. Sealing Criminal Records in New York State Looking to seal your criminal record? Upstate New York attorney Andrew DeLuca is here to help. The Clean Slate Act (S7551A / A1029C) has been signed by Governor Kathy Hochul. (d) Notice of expungement. The attorneys of Singer Deutsch LLP assist individuals who have cause to petition for amendment or expungement of false or libelous statements on the U-5 notices filed by their ex-employers. Expungement is the process of destroying or physically eliminating a criminal record so that it cannot be accessed or seen by the public. Do the records just disappear? No, the DNA records ordered expunged may be destroyed or returned to the person requesting the expungement or the Expungement in the United States is a process which varies across jurisdictions. We cover: • ? Oct 12, 2022 · Sealed Criminal Records Except for some marijuana crimes, New York has no laws to erase or “expunge” criminal records. A law enforcement agency makes a request to the court. Although New York doesn't have a formal expungement statute, New York authorizes the sealing and/or destruction of criminal records upon dismissal under CPL 160. State-by-State information on expungement, sealing, and record relief 2024 New York Laws EXC - Executive Article 49-B - Commission on Forensic Science and Establishment of DNA Identification Index 995-C - State DNA Identification Index. Learn how to expunge a DUI conviction. Apr 28, 2025 · New York has no expungement laws, except for a few marijuana conviction laws. 2-392. The legislation is intended in part to prevent discrimination in hiring against previously incarcerated individuals who have satisfied their sentences. 16), employers are not permitted to ask about or act in response to a conviction that has been sealed, except if a person is applying to be a police or peace officer. Oct 30, 2024 · The official home page of the New York State Unified Court System. Family Court has the authority to expunge its own records, but does not generally have the authority to expunge police records. Aug 28, 2024 · Having a criminal record can prevent you from accessing jobs, licensing, housing and educational opportunities long after you have completed your sentence. Clear your record after a DUI in New York. Murphy. About Rosenblum Law Rosenblum Law is a criminal & trafic ticket defense law firm dedicated to serving clients throughout New York and New Jersey. Such information shall be made available to any court or law enforcement agency upon request. It does allow for some records to be sealed. 59 called “sealing. Jan 1, 2024 · New York Consolidated Laws, Executive Law - EXC § 995-c. Learn the eligibility requirements for these processes and the limitations of the sealing and expunction according to state law. Review the law firms and attorneys' full description of services. State criminal records are now automatically sealed under Free Consultation - Stephen Bilkis & Associates, PLLC - Free Consultation - Our New York criminal lawyers have a combined 100+ years of legal and law enforcement experience. That section has The expungement process is more than just paperwork—it involves legal analysis, advocacy, and a thorough understanding of New York’s criminal laws. -- Notice of expungement shall promptly be submitted to the central repository which shall notify all criminal justice agencies which have received the criminal history record information to be expunged. Expert guidance for DWI expungement and a fresh start! + In addition, four states (GA, FL, ME, MT) have authorized automatic sealing, expungement, or confidentiality for non-conviction records held by state criminal justice agencies, but not the corresponding court records. Automatic record clearing – convictions 3. App. Div. 59 allows people with two or fewer convictions to apply to seal their record. These are treated as if they never happened. This record can be accessed by future employers, landlords, licensing agencies, and others. DWI convictions can show up on background checks costing you valuable life opportunities. A criminal record can create significant obstacles, affecting employment opportunities, housing applications, and even personal relationships. But thanks to New York’s Clean Slate Act, many people now have a chance to move forward without past convictions holding them back. That section has New York law allows you to petition to have your criminal record sealed—that is expunged or hidden from public view. 59 Sealing Application and submit it to the appropriate clerk of the court. Process for expunging or sealing adult non-conviction records 4. In New York, there is no ‘expungement’ statute. NYC Expungement Lawyer | Clear Your Record in New York As a senior attorney with over two decades of hands-on experience in the intricate landscape of New York criminal law, I’ve witnessed firsthand the profound and lasting impact a criminal record can have on an individual’s life. Mar 31, 2021 · Cannabis (Marihuana) and Expungement Under New York State Law Under New York State Law, effective March 31, 2021, it is no longer a crime to smoke or possess limited amounts of cannabis (marihuana or marijuana). Record-sealing helps people get better opportunities for jobs, housing & education. But, defendants can apply to have their records sealed, which is – practically speaking – the same thing. 50 . Article 221 of the New York State Penal Law which contained the marihuana charges that made the possession, use, and sale of marihuana illegal, is no longer in effect. What challenges and opportunities However, under New York law, ACS cases can be expunged, resulting in there being no record that you were investigated by the ACS. The legislation aims to streamline the CPL 160. Your last conviction was over ten years ago. To learn more about the ACS case expungement process, contact an experienced New York ACS expungement lawyer at Stephen Bilkis & Associates. Free Consultation - Our New York criminal lawyers have a combined 100+ years of legal and law enforcement experience. Nov 16, 2023 · New Yorkers who complete their sentences and stay out of trouble for a certain period of time will have their criminal records automatically sealed under a long awaited bill signed into law by Gov Nov 27, 2023 · On November 16, 2023, New York Governor Kathy Hochul signed a bill into law requiring records of certain past criminal convictions to be sealed. What does it mean to seal or expunge a record? Expungement means that the records associated with the crime are destroyed, and your conviction is vacated from the record. Call the New York State criminal conviction sealing lawyers and former New York City prosecutors at (212) 312-7129 or contact us online today. Top-rated legal expertise to help you regain your future and peace of mind. Getting your record sealed, vacated, or expunged can help to lift some of those barriers so that you can fully participate in your community and support yourself and your family. While “expungement” is commonly used in other states to mean complete record destruction, New York law offers distinct mechanisms for clearing one’s past. Begin your future today. Securing employment The New York Court of Appeals affirmed the lower court’s denial of expungement but acknowledged the Family Court’s discretion to seal records to prevent unwarranted future discrimination. With free legal forms. (e) Public records. When your freedom and future are on the line, we’ll fight tirelessly on your behalf and guide you with May 12, 2023 · The new law also establishes procedures for the automatic review and expungement of the criminal records of those with low-level cannabis convictions. Our team includes former prosecutors from the District Attorney’s offices in New York City and Long Island, as well as law enforcement professionals. Let the New York criminal lawyers and former Manhattan prosecutors at Saland Law navigate you through the sealing process in any New York State jurisdiction or court. But don’t worry! In the state of New York, you can still apply to have any criminal convictions sealed. mc76 jsinik g3 btk xv7cq 8yqb dmvf cxpblqn iota 3drf