If you are seeking a New York expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the New York Expungement Kit is ready.
Requirement(s) to qualify for an expungement in New York
Persons seeking to expunge DNA records must have a conviction which was later vacated, reversed, or pardoned. A person fingerprinted pursuant to Family Court juvenile law and subsequently adjudicated a juvenile delinquent for a felony, except in the case of acts committed when such person was eleven or twelve years of age which would constitute a class A or B felony only, reaches the age of twenty-one, or has been discharged from placement for at least three years, whichever occurs later, and has no criminal convictions or pending criminal actions which ultimately terminate in a criminal conviction.
Also, a youth whose action is subsequently removed to family court pursuant to article seven hundred twenty-five of the criminal procedure law has had all petitions disposed of by the family court in any manner other than an adjudication of juvenile delinquency for a felony, but in the case of acts committed when such person was eleven or twelve years of age which would constitute a class A or B felony only. Also, when the presentment agency declines to initiate a proceeding or a law enforcement agency declines not to prosecute a youth after fingerprints have been taken, they are eligible to have records expunged.
Does the law provide for sealing? What are the requirements?
There is also a procedure for sealing records when a criminal action is terminated in favor of the accused. A sealing order includes all official records and papers, including judgments and orders of a court but not including published court decisions or opinions or records and briefs on appeal, relating to the arrest or prosecution, including all duplicates and copies, on file with the division of criminal justice services, any court, police agency, or prosecutor's office. Sealed records are not made available to any person or public or private agency for general purposes, but may be unsealed in the interest of justice and used in later proceedings and applications for licenses, certain employment.
What does it mean if you have a record expunged or sealed? (i.e., can you legally deny the conviction or arrest? Does anyone have access to the sealed/expunged records? Are they destroyed?)
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges is an expungement.
DNA records and any samples, analyses, or other documents relating to the DNA testing of an individual in connection with the investigation or prosecution of a crime which resulted in the conviction that was reversed or vacated or for which the pardon was granted.
The DNA records ordered expunged may be destroyed or returned to the person requesting the expungement or the attorney representing them.
Youth offenders may have records expunged in the court's discretion, using the inherent authority of the court. Youth offenders may have all fingerprints, palm prints, photographs, and copies thereof, and all other information obtained in the case destroyed under Fam. Ct. Act.
Are you eligible for a New York Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often as we are in the process of adding Expungement Kit for the State of New York soon.
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