New Yorkers who have a criminal record can see all the aspects of their life impacted, from housing applications to employment opportunities. In the state of New York, which has an estimated 2.1 million adults with a criminal conviction, the following question is common: can a misdemeanor be expunged in New York? Although full expungement for most crimes is not available in the state, there are certain records that may be eligible for sealing.
As a misdemeanor conviction can reduce a New Yorker’s annual earnings by roughly 15%, with underemployment related to criminal records costing residents in the state $12.6 billion each year, it’s important for those affected and their families to understand their options for clearing their criminal record.
Understanding Whether You Can Expunge or Seal a Misdemeanor in New York
In New York State, it is not possible to expunge a crime or be cleared of a criminal record completely. There are, however, exceptions, such as specific types of marijuana convictions. As an alternative, the state offers convicted individuals the option to seal their record, which limits the public from viewing their criminal record yet still allows law enforcement and certain government agencies to access it.
Many misdemeanor convictions are eligible for sealing under the Clean Slate Act and petition-based sealing laws. Under the Clean Slate Act, misdemeanor offenses on a criminal record are automatically sealed after three years have passed if no new convictions come up during the waiting period.
Petition-based ceiling, based on CPL § 160.59, allows people who have up to two convictions, such as two misdemeanors or one felony and one misdemeanor, to appeal to the court to have their records sealed after 10 years have passed. Crimes that cannot be sealed in New York State include certain sex offenses, violent felonies, Class A felonies, and specific public corruption charges. If your misdemeanor does not fall under these categories, you may be eligible.
The Profound Impact of a Criminal Record on New Yorkers
New Yorkers who have a criminal record face multiple obstacles related to getting a job, finding housing opportunities, and enjoying economic stability. As misdemeanor convictions significantly reduce earnings, it can make it harder for individuals with a criminal record to find a stable financial situation for themselves and their families, with the economic impact of underemployment being drastic.
Given New York’s significant workforce of 9.7 million people, this issue impacts a notable portion of the population. By sealing their misdemeanor record, New Yorkers can go back into the workforce, get access to better jobs, and secure a stable housing and living situation.
How to Apply to Have Your Record Sealed in New York
If you are not eligible to have your record automatically sealed under the Clean Slate Act, you can apply for record sealing under CPL § 160.59. First, you should check eligibility to make sure you meet the waiting requirements and do not have more than two convictions. Next, you should submit an application to the court that issued your original conviction.
After your application submission, the District Attorney may choose to object, which would lead to a hearing. The judge will go over crucial factors in your case, such as the time that’s passed since your conviction and whether you have demonstrated adequate evidence of rehabilitation. If your request is granted, you can rest easy knowing that your conviction won’t come up on most background checks and that landlords and employers cannot discriminate based on it.
FAQs
Can a Misdemeanor Be Expunged in New York?
No, it is not possible for a misdemeanor to be expunged in New York, as the state does not offer complete erasure for most misdemeanors, except certain marijuana-related offenses. As an alternative, however, many misdemeanor convictions can be sealed, which means that they are not accessible to the public but can still be seen by law enforcement and certain government agencies.
What Laws Allow Misdemeanor Convictions to Be Sealed in New York?
The two primary laws that allow misdemeanor convictions to be sealed in New York are the Clean Slate Act and Petition-Based Sealing (CPL § 160.59). The Clean Slate Act automatically seals most misdemeanors after three years have passed if no new convictions have come up during the waiting period. Petition-based sealing (CPL § 160.59) gives individuals who qualify the ability to apply for a sealing of their record after 10 years.
How Does Having a Misdemeanor Conviction Affect Employment in New York?
A conviction for a misdemeanor affects employment in New York by reducing annual earnings by an estimated 15%. Notably, New Yorkers face roughly $12.6 billion annually in losses as a result of underemployment that is linked to having a criminal record. As many employers run background checks, this can bar individuals from accessing good and well-paying jobs. Therefore, sealing a misdemeanor can improve employment prospects.
Who Can See My Record After It’s Sealed?
After your record has been sealed, it will not come up in most background checks. It still can be seen, however, by courts, law enforcement, certain government agencies, and specific employers, such as if the jobs are in law enforcement or working with vulnerable populations. A sealed record will not be a barrier for the majority of jobs and housing applications.
What Are Certificates of Relief From Disabilities (CRD) and Certificates of Good Conduct (CGC)?
The Certificates of Relief from Disabilities (CRD) and Certificates of Good Conduct (CGC) help individuals with certain convictions get specific rights restored or show proof of rehabilitation, which can help improve access to jobs. An experienced attorney can help you further explore these options and how they could relate to your situation.
Understand Your Options for a Clean Slate With a Skilled New York Attorney
Although expungement is not available in New York State, getting your records sealed is a robust alternative. A skilled criminal defense attorney from the Law Offices of Robert Tsigler, PLLC, can help you determine eligibility for record sealing or relief and assist you with navigating the associated process. Contact us today to learn more about how we can help you overcome the challenges of a past conviction and move forward with a fresh start.
