DISMISSAL - occurs when a Court dismisses a criminal complaint or prosecution.
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].
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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.
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 AFTER 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.
Iannuzzi and Iannuzzi 212-227-9595 - A live person will HELP - 24/7
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.
Iannuzzi and Iannuzzi has extensive experience applying for Certificates of Relief.
Fast, Experienced Help- Call IANNUZZI and IANNUZZI - 212-227-9595 – 24/7/365
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