Is Expunging Records Easy in New York?

By Spodek Law Group
July 7, 2024
4 min read
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Is Expunging Records Easy in New York?

Expunging criminal records in New York isn't always an easy process, but with the right legal help, it can be navigated successfully. At Spodek Law Group, we have extensive experience helping clients clear their records and move forward with their lives. While the process can be complex, our attorneys are here to guide you every step of the way.

Understanding Record Sealing vs. Expungement in New York

First, it's important to understand that New York doesn't actually offer true "expungement" of criminal records. Instead, New York has a process called record sealing. When a record is sealed, it's not completely erased, but it becomes inaccessible to most people and organizations.Here's a quick comparison:
Expungement Record Sealing in NY
Record is completely erased Record still exists but is hidden
Not available in New York Available for certain offenses
N/A Limited to 2 convictions total
While sealing isn't quite as comprehensive as expungement, it still offers significant benefits in terms of employment, housing, and other opportunities. Our attorneys can help determine if you're eligible for sealing and guide you through the process.

Eligibility for Record Sealing in New York

Not all criminal records are eligible for sealing in New York. The state has specific criteria that must be met:
  • At least 10 years must have passed since your sentencing or release from incarceration
  • You can seal up to 2 convictions total, only 1 of which can be a felony
  • Certain serious offenses like sex crimes are not eligible
  • You must not have any pending criminal charges
  • You must not have been convicted of any new crimes in the past 10 years
Determining eligibility can be complex, which is why it's crucial to work with experienced attorneys like our team at Spodek Law Group. We'll carefully review your case to see if you qualify for sealing.

The Record Sealing Process in New York

If you're eligible, the process of sealing your record involves several steps:
  1. File a motion with the court where you were convicted
  2. Serve notice to the District Attorney's office
  3. The DA has 45 days to object to the sealing
  4. If there's no objection, the judge reviews the motion
  5. If approved, orders are sent to seal records with various agencies
While this may sound straightforward, there are many potential pitfalls along the way. Our attorneys know how to navigate this process efficiently and effectively to give you the best chance at a successful outcome.

Challenges in Sealing New York Criminal Records

Let's be real - sealing your record in New York isn't always easy. Some common challenges include:
  • Strict eligibility requirements
  • Objections from the District Attorney
  • Incomplete or inaccurate records
  • Delays in processing
  • Judges who are hesitant to grant sealing
These obstacles can be frustrating, but they're not insurmountable. At Spodek Law Group, we've helped countless clients overcome these challenges and successfully seal their records. Our experience and tenacity make a real difference.

Benefits of Sealing Your Criminal Record

While the process may be challenging, the benefits of sealing your record are substantial:
  • Improved employment prospects
  • Better housing opportunities
  • Eligibility for certain professional licenses
  • Restored voting rights in some cases
  • Peace of mind and a fresh start
Don't let your past mistakes hold you back forever. With a sealed record, you can move forward with confidence and pursue the opportunities you deserve.

How Spodek Law Group Can Help

Navigating the record sealing process in New York requires legal expertise and a deep understanding of the system. At Spodek Law Group, we offer:
  • FREE initial consultations to assess your case
  • Thorough eligibility review
  • Meticulous preparation of all required documents
  • Strong advocacy in court if needed
  • Ongoing support throughout the entire process
We know how much is riding on the outcome of your case. That's why we fight tirelessly for our clients, leveraging our experience and connections to maximize your chances of success.Ready to take control of your future? Call Spodek Law Group today at 212-300-5196 to schedule your free consultation. Let us show you how we can help clear your path forward.Remember, sealing your record in New York may not be easy, but with the right legal team on your side, it's absolutely achievable. Don't let your past define your future - contact us today and let's get started on your fresh start.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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