Criminal Defense
Is a Criminal Record Permanent in New York?
max@dotcomlawyermarketing.com
Legal Expert
7 min read
Updated: Sep 6, 2025
Having a criminal record in New York can feel like carrying around a heavy burden that you just can't seem to shake. At Spodek Law Group, we understand how frustrating and demoralizing it can be to have past mistakes continue to haunt you long after you've paid your debt to society. The good news is that a criminal record doesn't have to be a permanent black mark in New York. With the help of our experienced attorneys, we can explore options to potentially seal or expunge your record and give you a fresh start.But let's be real - dealing with a criminal record ain't no walk in the park. It can seriously mess up your chances of landing a job, finding a place to live, or even just feeling like a normal member of society again. We've seen firsthand how a criminal history can hold people back from reaching their full potential. It's not fair, but it's the reality many New Yorkers face every day.So is a criminal record truly permanent in the Empire State? The short answer is: it depends. New York law provides some avenues for sealing or expunging certain offenses under specific circumstances. But navigating the complex legal landscape around criminal records can be seriously confusing. That's where having a knowledgeable attorney in your corner can make all the difference.In this article, we'll break down everything you need to know about criminal records in New York - what shows up, how long they last, and what options you might have for clearing your name. We'll cut through the legal jargon and give you the straight facts about your rights and potential paths forward. And of course, we'll explain how the experienced team at Spodek Law Group can help guide you through the process of addressing your criminal record.So grab a cup of coffee (or something stronger - we don't judge), and let's dive into the nitty gritty details of criminal records in the Empire State. By the end, you'll have a clear picture of where you stand and what steps you can take to potentially leave your record in the past where it belongs.What Shows Up on a New York Criminal Record?Alright, let's start with the basics - what exactly pops up when someone runs a background check on you in New York? The short answer: a whole lotta stuff you probably wish would just disappear. But knowledge is power, so let's break it down.First off, any arrests will show up on your rap sheet, even if you were never actually convicted of a crime. Yep, you heard that right - just getting cuffed and hauled down to the station leaves a mark, fair or not. Convictions are obviously included too, ranging from minor violations all the way up to felonies. Traffic tickets, believe it or not, can also end up on your record in some cases.But wait, there's more! Your criminal record might also include:
As you can see, a lot of info can potentially show up on your record. And in many cases, it sticks around indefinitely unless you take action to address it. That's why understanding your options for sealing or expunging your record is so important.One thing to keep in mind - just because something is on your official criminal record doesn't necessarily mean it will show up on every background check. Different types of background checks access different levels of information. But when it comes to your future, it's better to be safe than sorry. Assuming everything is visible and taking steps to clean up your record is usually the smartest move.At Spodek Law Group, we've helped countless clients understand exactly what's on their record and develop a game plan to address it. Whether it's petitioning for sealing, seeking an expungement, or fighting inaccuracies, we know how to navigate the system and advocate for your rights. Don't let confusion about your record hold you back - give us a call at 212-300-5196 and let's figure out where you stand.How Long Do Criminal Records Last in New York?So now that we know what shows up on a criminal record, let's talk about how long that info sticks around. Brace yourself, because the answer might not be what you want to hear.In general, criminal records in New York are PERMANENT unless you take action to seal or expunge them. Yep, you read that right - that stupid mistake you made decades ago could still be haunting your background checks today. It's a harsh reality, but one that many of our clients have to grapple with.Now, there are some exceptions and nuances to be aware of:Arrests Without Conviction: If you were arrested but never convicted (charge
s were dropped, dismissed, etc.), the arrest record may still show up. However, you likely have options to seal this type of record relatively easily.Violations and Infractions: Minor offenses like disorderly conduct or trespassing are violations, not crimes. While they do show up on your record initially, they're automatically sealed after a certain period (usually 1 year) if you don't get into any more trouble.Youthful Offender Cases: If you were granted youthful offender status for an offense committed when you were 16-18, that record is automatically sealed and shouldn't show up on most background checks.Marijuana Convictions: Thanks to recent changes in NY law, many past marijuana convictions have been automatically expunged. If this applies to you, that record should no longer be visible.But for most other convictions - misdemeanors, felonies, etc. - the record is there to stay unless you take action. And even then, not everything is eligible for sealing or expungement (more on that later).Here's a quick breakdown of how long different types of records typically last in NY:
It's worth noting that even if a record is technically permanent, that doesn't mean it will always be easily accessible or used against you. Many employers and landlords only look back a certain number of years on background checks. But for certain jobs (law enforcement, working with kids, etc.), a more thorough check might uncover older records.The bottom line? If you've got a criminal record in New York, chances are it's still out there unless you've taken steps to address it. But don't lose hope! At Spodek Law Group, we've helped many clients successfully seal or expunge their records and move on with their lives. It takes some work, but it's often possible to leave your past in the past.Wondering if you might be eligible to clear your record? Give us a call at 212-300-5196 for a free consultation. We'll review your situation and let you know what options might be available. Don't let an old mistake define your future - let's explore how we can help you get a fresh start.
- Warrants (active or inactive)
- Pending criminal cases
- Dismissed charges
- Sealed records (in some circumstances)
- Juvenile offenses (in certain cases)
Record Component | What It Includes | How Long It Stays |
---|---|---|
Arrests | Date, charges, outcome | Permanent (unless sealed/expunged) |
Convictions | Offense, sentence, date | Permanent (unless sealed/expunged) |
Pending Cases | Current charges, court dates | Until case is resolved |
Warrants | Active or inactive warrants | Until warrant is cleared |
Dismissed Charges | Charges that didn't result in conviction | Varies (may be eligible for sealing) |
Sealed Records | Records hidden from public view | Depends on sealing order |
Type of Record | Duration | Notes |
---|---|---|
Felony Convictions | Permanent | Unless sealed/expunged |
Misdemeanor Convictions | Permanent | Unless sealed/expunged |
Violations | 1 Year | Automatically sealed after 1 year if no new offenses |
Arrests (no conviction) | Permanent | But easier to seal |
Youthful Offender | Sealed | Automatically sealed in most cases |
Marijuana Convictions | Expunged | Many past convictions automatically cleared |
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