Criminal Record Sealing vs. Expungement
The Differences Between Expunging and Sealing a Criminal Record—and How to Find Out if You are Eligible to Seal Your Record in New York.
What does it mean to EXPUNGE a criminal record?
Expungement of a criminal record means the conviction is completely erased and cannot be resurrected. The law treats an expunged record as if the conviction never happened. In a state that allows a record to be expunged, a person with an expunged record can say they have never been convicted of a crime. When a record is expunged, it cannot be used as the basis for an enhancement under the law if there is a new conviction. An expunged record, at least in theory, should not be available to anyone, even law enforcement authorities. Only a judge can order that a criminal record be expunged.
What does it mean to SEAL a criminal record?
Sealing a criminal record means that the record is sealed and cannot be made available to the public. The conviction still exists, but it will not be reported as part of a background check for the purposes of employment, housing, education and other important purposes.
A person with a sealed record can say they have never been convicted of a crime. However, a sealed record may still be used as the basis for an enhancement under the law if there is a new conviction. A sealed record is also accessible to law enforcement and certain other authorities, such as firearm licensing departments. Only a judge can order that a criminal record be sealed.
New York State does NOT permit criminal records to be expunged. New York only recently allowed for broad criminal record sealing of many non-violent felony and misdemeanor criminal records, including drug possession and driving while intoxicated (DWI/DUI) convictions, under CPL Section 160.59.
Contact us today to see how we can help seal your New York criminal record.
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Case Results
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SEVEN FIGURE SETTLEMENT MOTOR VEHICLE ACCIDENT
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CHARGES DROPPED WITHOUT ARREST RAPE ALLEGATIONS
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CONVICTION VACATED AND CHARGES DISMISSED DEPORTED AFTER GUILTY PLEA IN 2005
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SIX FIGURE SETTLEMENT JOGGER HIT BY MOTOR VEHICLE
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DISMISSED DRUG CASE
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DISMISSED INTOXICATED DRIVING CASE
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DISMISSED FELONY DRUG CASE
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JURY ACQUITTAL 84-COUNT INDICTMENT
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DISMISSED AGGRAVATED HARASSMENT
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JURY ACQUITTAL ARMED ROBBERY