New York Expungements Legal Questions

New York, at the present time, does not expunge records which can make things time consuming for someone who has had the charges dropped regarding the gun laws.  Obviously you have been able to get a license, but not in a timely fashion.  You might ask your attorney to take a look at the record and see if some seal or notation can be placed on it.... Read More

If you committed this as a youthful offender, it should have been sealed.  However, serious crimes are not always given youthful offender status even if the perpetrator is under 17.  I don't know if you have looked up your record, but if it was not sealed under the Youthful Offender statute, it will not be expunged at all.  New York does not at the present allow for the expungement of criminal records as you may have noted that other states do. ... Read More

Unfortunately, New York State does not allow for the expungement of a prior criminal conviction, which means you were convicted either by a guilty plea or by trial of a misdemeanor or felony.   The New York State DMV does allow for a restricted license for work purposes.  You should contact the DMV about the best way to go ahead and get this done.  ... Read More

You can contact any local lawyer who practices criminal law. If you need help, contact your local bar association referral service to obtain  a list of local  criminal law attorneys. A Y.O. is not a judgment of conviction for a crime and does not act as a disqualification of any person so adjudged to hold public office , public employment or receive any  license. CPL section 720.35(1). All records relating to the case are confidential and may not be made available to any person or public or private agency. CPL section 720.35(2)... Read More

Courts have the inherent power to seal their own records but this power is sparingly exercised. A Court will seal its records when there is a showing that there is a need to protect an individual who might be unjustly injured by the indiscriminate availability of records. Simply stated, if you don't request that the Court seal your records it will remain a public record.... Read More

If you were 17 at the time of the commission of the crime you were eligible for Youthful Offender status. If you were granted Youthful Offender treatment or Y.O. the record is sealed and it is deemed that you do not have a criminal record.                                                                                           Expungement of an existing criminal record is another matter. While courts may have the inherent power to seal their own records, this power, exercised only rarely, has been wielded when there has been a showing that there is a need to protect an individual who might be unjustly injured by the indiscriminate availability of records.                                                                                      ... Read More

If you are talking about a criminal conviction that is posted on the court's online docket, than you may be able to accomplish this if your charge is expungeable.  You should contact an attorney licensed in New York to inquire further.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

Most likely, yes.  I do not know the specific requirements in New York but if this was your only conviction you should be able to get this expunged.  Either contact an attorney licensed in New York to start the process or contact the court where you were convicted to ask if they have forms to use to start the process.  You can also check out the court's website which may contain forms.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

First, you need to consult with an attorney licensed to practice in New York, which I am not.  I can only speak generally about a number of potential requirements.  Some states restrict you from getting something expunged if you have more than one conviction.  However, if both felonies came from the same arrest, some states will consider both convictions as expungeable because they came from the same set of circumstances.  Beyond that, usually a certain time period has to pass since getting off the probation period. This can be a year or longer.  Additionally, the state usually has the right to object to the expungement if they believe other circumstances would warrant against granting the expungement, i.e. if you had not shown satisfactory improvement or had other criminal issues.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

You need to retain counsel to review the file and the way of going about it is to move the trial court if there was reversible error or any other inequities under the law that would warrant vacating the conviction. It is a costly process and we can represent you if you would be interested in doing that.... Read More