Expungment

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Expungement Attorney In New York

If you want to know your rights regarding dismissal of charges and expungement of a legal record, contact the Law Offices of Iannuzzi and Iannuzzi for assistance. We are able to help you understand the various options that may or may not be available for your unique situation. Call our legal team to inquire about the various ways to handle these situations, and we'll be glad to speak with you about the choices you have.

Expungement, Dismissal & Certificate of Relief From Civil Disabilities Defined

There are three legal terms that you will hear when it comes to the elimination or sealing of a legal record. They are:

DISMISSAL – occurs when a court dismisses a criminal complaint or prosecution.

EXPUNGEMENT – is a proceeding brought after a person has been convicted of a crime to seal the record of that previous conviction so that the record is no longer available through State or Federal agencies.

CERTIFICATE OF RELIEF FROM CIVIL DISABILITIES – in the State of New York, the only relief available to a person who was convicted of a crime is to apply to the Courts for a Certificate of Relief from Civil Disabilities (CRD).

Our Legal Assistance

An expungement attorney can help make sure your rights are protected during the complicated process of dismissal and expungement. Our firm has experience in these matters and can assist you in cleaning up your record, and getting things dismissed so you can move forward with your life. Contact us today to get started.

Additional Information

There are additional details you may want to understand about the various means available for changing a legal record. These include:

DISMISSAL
In the State of New York, and in most other jurisdictions, if a criminal charge is dismissed, vacated, set-aside, not filed, or otherwise terminated, those charges can be sealed so that they do not appear on a person’s criminal history record.

According to New York law, when a person has been arrested, but the charge is later dismissed, that charge is completely wiped away, as if it never occurred. The person who was arrested is to be returned to the status that existed before the arrest. Which means, according to law, that person, if asked about that particular event, can legally state that they were never arrested for such crime or offense.

After a case is dismissed, all records of that arrest, including fingerprint cards, photographs, court entries, and other information related to the case are permanently erased from public view [the records may still be made available to some agencies, such as the courts and law enforcement].

EXPUNGEMENT
There is NO provision in the State of New York for expungement of criminal convictions.

There is NO provision in the Federal system for expungement of criminal convictions.

The only jurisdiction in the Greater New York – Tri-State area, which provides for expungement of criminal conviction records is New Jersey. Expungement can ordinarily not be applied for until ten (10) years after the conviction has occurred.

CERTIFICATE OF RELIEF FROM CIVIL DISABILITIES – in the State of New York, the only relief available to a person who was convicted of a crime is to apply to the Courts for a Certificate of Relief from Civil Disabilities (CRD).

A Certificate of Relief from Civil Disabilities is a means of avoiding consequences of conviction that might keep a person from obtaining employment or licenses. It may be obtained from the Sentencing Court or from the Board of Parole.

The Certificate is also designed to ameliorate various mandatory forfeitures, disabilities, and bars to employment resulting from a conviction. The term “forfeiture” refers to the loss of present rights. In contrast, the terms “disabilities” and “bars to employment” refer to impediments to future rights. These rights primarily concern employment and licensing.
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