new york sealing v expungement frequently asked questions

Sealing vs. Expungement in NY: FAQs

What up friend! If you’re reading this, you probably want the lowdown on sealing and expungement laws in New York. I feel you, dealing with a criminal record is rough. The good news is NY has options to hide old convictions from public view. The bad news is the laws are kinda confusing. But don’t sweat it! I’m here to break it all down for you in simple peeps terms.

What’s the Difference Between Sealing and Expungement?

Great question! In a nutshell:

• Sealing hides a case from the public but officials can still see it.
• Expungement destroys the record like it never happened.

See, sealing is like putting your record in an envelope that only certain folks can open – judges, police, etc. Expungement shreds the envelope completely. NY only allows sealing, no expungement. Let’s dig in…

What Exactly is Sealing in New York?

Sealing means the court hides your criminal record from most peeps. Employers, landlords, schools can’t see it. Some examples:

• Dismissed cases get sealed automatically in 30 days.
• Convictions like disorderly conduct can be sealed after 10 years.
• Violations and infractions can be sealed right away.

But sealed ≠ deleted. Officials like judges and police can still peek inside the envelope if needed. More on that next!

Who Can Still See My Sealed Record in New York?

Good question homie! If it’s sealed, these folks have access:

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2024-03-21

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2024-03-18

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2024-03-18

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2024-03-15

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2024-03-15

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• Courts (judges/prosecutors) for future cases
• Law enforcement for limited purposes
• Licensing agencies if it’s relevant
• Your parole/probation officer (if you got one)

So sealing keeps your past hidden from most peeps, but not total secrecy. Something to think about.

How Do I Get My Record Sealed in New York?

To seal a record in NY you gotta:

1. Wait the required time
2. File a sealing motion in criminal court
3. Serve the DA with notice
4. Convince the judge

It’s not super easy, so hiring a lawyer who knows the process helps. They can argue why you deserve sealing and handle the paperwork.

Does New York Allow Expungement?

Nope! NY law doesn’t let you destroy records completely. No expungement allowed, only sealing. Some states like California do offer expungement, but not the Empire State. Bummer!

What About Federal Expungement?

Now we’re talkin’! For federal cases, expungement IS possible under rare circumstances. Things like:

• Wrongful arrest/conviction
• Unconstitutional conviction
• Acquittal

There’s no guaranteed right to federal expungement, but it can happen. Talk to a lawyer familiar with the process.

Will Sealing or Expungement Remove My Record From Background Checks?

That’s the million dollar Q! Short answer – sealing will keep your record off most background checks. Key word most. Federal and out-of-state convictions won’t be touched. And some agencies have special access. So sealing = safer, but no guarantees.

Can a Sealed or Expunged Record Come Back to Haunt Me?

Oof, good point. Theoretically a sealed record in NY should stay buried. But nothing’s foolproof. Clerical errors could accidentally unseal it. Or if you’re testifying under oath, you may have to disclose it. Best policy is to stay squeaky clean after sealing. Don’t give anyone a reason to peek!

The Bottom Line

Whew, we covered a lot! Let’s recap the key facts:

• NY only allows sealing cases, no expungement
• Sealing hides records from most people
• Officials like police can still access sealed records
• Federal expungement is possible in rare cases
• Sealing reduces but doesn’t eliminate background check risks

I hope this helped explain the confusing world of sealing and expungement laws in NY. Hit me up if you have any other Q’s! Stay strong out there.