2006-07-25 02:21:43 · 4 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Expungement is difficult in any state. Enough time must pass before you can even try, and if the judge doesn't like you, forget about it. Best to use a lawyer, in spite of the cost. I tried doing it solo and failed.
2006-07-25 02:25:35 · answer #1 · answered by Outspoken 2 · 0⤊ 0⤋
I am a NYS Trooper and in NYS the way it works for juveniles is in cases where a defendant is granted youthful offender status, all records are automatically sealed upon adjudication. See NY CPL § 720.35. This provision exists to insure that young offenders do not carry the stigma of a criminal record with them throughout their lives.
Much more difficult than cases of acquittal is the possibility of expungement where an actual conviction has been entered for adults. In cases where there is a conviction for an infraction or a violation (not a misdemeanor or a felony), except the violations of loitering and driving while impaired, the sealing of records is permissible. See NY CPL 160.55. There are certain instances where a misdemeanor conviction may be reduced to a violation after the period of probation is over and all the terms are completed. If this occurs, then the sealing of records will also occur pursuant to law. Further, in cases where there is a conviction of a felony sexual offense, the possibility for expungement is even more limited. Expungement is usually only available if one has received a pardon from the governor. the law and procedure governing the expungement or sealing of records in New York is quite complex and involves more exceptions than rules, especially in matters involving unlawful sexual conduct. Thus, it is always good judgment to seek the advice and counsel of an attorney licensed to practice law in New York State, and one experienced in the area of criminal law generally and sex crimes more specifically. If you think that your case may be eligible for expungement, contact an attorney. Expungement does not occur automatically. It requires in most cases a written motion or application pursuant to stringent legal requirements. To promote one’s individual rights, you must seek legal guidance to ensure the best possible chances of clearing your record.
2006-07-25 02:34:40 · answer #2 · answered by Anonymous · 1⤊ 1⤋
talk to a lawyer, but you usually cant expunge a felony right away, you may have to wait a few years after the felony occurred
2006-07-25 02:32:48 · answer #3 · answered by mike g 5 · 0⤊ 0⤋
Get an attorney or contact the person involved in Expunging your record. Ask them the best way.
2006-07-25 02:25:30 · answer #4 · answered by Skeeter 6 · 0⤊ 0⤋