Having a criminal record can lead to devastating repercussions, impacting economic stability, in addition to housing and employment opportunities. More than 2 million people in New York have a criminal record, causing them to lose roughly $12.6 billion annually. Additionally, racial disparities exist, with black individuals making up 15% of the same population yet accounting for 30% of convictions. This begs the question: can a felony be expunged in New York?
If your loved one is dealing with a felony on their record, you’re likely wondering whether it’s eligible for expungement. While New York State does not offer options for full expungement, there are legal tactics like sealing or relief from disabilities, which can help minimize the negative repercussions of a former conviction.
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. Individuals have other options, however, such as getting their records sealed, which restricts the general public from accessing their records, such as landlords and employers.
The following legislation primarily governs record relief in New York:
- -Clean Slate Act. The Clean Slate Act allows for most felony and misdemeanor convictions to be automatically sealed after a certain waiting period has passed.
- -Petition-Based Conviction Sealing. This allows people who have eligible offenses to request their records to be sealed after 10 years have passed.
- -Conditional Sealing for Drug Offenses. Under this legislation, individuals who successfully complete a judicial diversion or drug treatment program can seal their conviction.
- -Special Relief for Victims of Human Trafficking. This allows certain types of convictions to be vacated.
- -Marijuana Conviction Expungement. Under this legislation, certain past convictions related to marijuana are automatically expunged.
New York’s Clean Slate Act: Automatic Sealing of Felonies
The New York Clean Slate Act was signed into law in 2023 and allows for many criminal records to be automatically sealed after a certain waiting period. For misdemeanors, the period is three years after the individual has been sentenced or released from incarceration. For felonies, after the individual has been sentenced or released from incarceration, they must wait eight years.
It’s important to note, however, that not all felonies are eligible. Class A felonies and certain sex offenses or violent offenses are not eligible for automatic sealing under the Clean Slate Act.
A Second Chance Through Petition-Based Conviction Sealing
Since 2017, New York has allowed certain individuals to petition the court to get their record sealed after at least 10 years have passed. As a condition, however, they are not able to have more than two convictions, and only one of them can be a felony. Furthermore, the offense cannot be a sex crime, Class A felony, or violent felony.
Certificates of Relief and Good Conduct
Those who don’t qualify for record sealing in New York may be able to access two types of judicial certificates, which are a Certificate of Relief from Disabilities (CRD) and a Certificate of Good Conduct. Through these certificates, convicted felons may be able to regain crucial rights, such as eligibility to run for public office, obtain certain professional licenses, and own firearms.
FAQs
Can a Felony Be Expunged in New York?
No, it is not possible for a felony to be expunged in New York. It’s important to note, however, that certain types of felony convictions can be sealed under the Clean Slate Act or through a petition-based process. A detail-oriented criminal defense attorney can help you understand your options for getting your record sealed so that you can move on with your life.
What Is the Difference Between Expungement and Sealing?
While expungement can completely erase a criminal record, sealing ensures that the record is hidden from the view of the public. However, it is still accessible to certain government agencies and law enforcement. An experienced criminal defense attorney can help you understand the difference between expungement and sealing and which legal processes may apply to your case.
How Does the Clean Slate Act Help People With Felony Records?
The Clean Slate Act, which passed in 2023, seals most felony and misdemeanor convictions automatically. Records are automatically sealed after three years for misdemeanors, while records are automatically sealed after eight years for felony offenses. It’s important to note, however, that Class A felonies, such as murder and sex offenses that require registration are not eligible to be sealed automatically.
Can I Apply to Have My Felony Sealed If I Am Not Eligible for Clean Slate?
Yes, even if you are not eligible for sealing automatically under the Clean Slate Act if at least 10 years have gone by since your release or sentencing, you may be able to petition the court to seal up to two convictions, with one of them being a felony. A knowledgeable attorney can go over the details of your case with you to help you understand your options for getting your felony records sealed.
How Can I Apply for Felony Sealing in New York?
You can apply for a felony sealing in New York by filing a petition with the court where you were convicted. It’s crucial to submit ample documentation that shows the amount of time that has passed since your sentencing or release, in addition to your rehabilitation efforts. If required, you will need to attend a hearing where a judge will decide on what should happen with your case. A skilled attorney can support you throughout this process.
Work to Get a Clean Slate With an Experienced Criminal Defense Attorney in New York
If you’re not sure about whether you’re eligible for sealing or relief options in New York, it is crucial to consult with a skilled attorney who can help you understand your rights and interests. A dedicated criminal defense attorney from the Law Offices of Robert Tsigler, PLLC, can assist you with navigating the complex legal process to move towards getting a fresh start. Contact us today to learn more about how we can help you.
