Expungement Lawyers Serving New York & New Jersey
Providing Legal Representation Since 1930
Moving forward after being convicted for a state or federal offense can be difficult because you have a permanent criminal record. This record can be accessed by future employers, landlords, licensing agencies, and others. Securing employment and housing can be extremely problematic since a routine background check is part of the application process. Having a criminal record can have a negative impact when you are a licensed professional, such as for nurses, pharmacists, doctors, realtors, pilots, and more.
Overcoming such a barrier can be vital to your future. At the Law Offices of Iannuzzi and Iannuzzi, we understand how a criminal conviction for even the most minor offense can impede your future livelihood, reputation, and success. Our firm can help clean up your record or obtain dismissals that can make a huge difference in the months and years following any criminal matter. With decades of experience in both New York and New Jersey criminal law, our criminal defense team the knowledge, skills, and resources you need for this critical legal issue and are here to ensure that your rights are protected and pursued.
Reach out to a New York expungement attorney at the Law Offices of Iannuzzi and Iannuzzi to discuss your options. Call (646) 956-2660 today.
Expungement in New York
The term expungement means that your criminal record has been permanently erased. Unfortunately, permanent erasure of your record does not exist in New York. Rather, criminal records can only be sealed, meaning that the record can no longer be accessed by the public through state or federal agencies, which include future employers, licensing agencies, apartment and housing managers, and more.
However, a sealed record can still be obtained by other specific parties under some circumstances. These parties can include:
- Gun licensing agencies
- Law enforcement hiring personnel
- An employer hiring you for a job in which you will carry a gun
- The military should you wish to enlist
- Probation or parole officers
- A law enforcement agency after requesting the court
In any criminal matter that has resulted in a case dismissal, the charge is wiped from your record. You are not obligated to reveal the matter to anyone from thence forward.
In New York, some misdemeanors and felonies can be sealed under certain conditions:
- If you have no more than two misdemeanors and have no criminal case pending for the last 10 years
- If you have no more than one misdemeanor and one felony and have been crime-free for the last 10 years
- You completed a drug treatment program for a drug-related conviction
The 10-year period begins one year after the date of your conviction or your release from jail, whichever comes last. Convictions for certain offenses, such as sex crimes or serious or violent felonies are not eligible for record sealing.
Record sealing is done by filing a motion to the court where the charge was filed and prosecuted. If the court challenges the motion, it may be necessary to provide further information/documentation or appear in court with further details and proof to satisfy your petition.
Certificate of Relief from Civil Disabilities
A Certificate of Relief from Civil Disabilities (CRD) is another way to avoid the consequences of a criminal conviction. This certificate will give you the right to apply for jobs, licenses, housing, and more like anyone else who does not have a conviction. You need to request this certificate at sentencing and is granted by the judge or afterwards from the Board of Parole. However, a CRD does not seal your record and, if asked on an application, you must still reveal your conviction.
CRDs are available to those who have been convicted of any number of misdemeanors or violations. In felony cases, they are only available for one felony.
Get the legal assistance you need for record sealing, a dismissal, or a Certificate of Relief from Civil Disabilities by contacting us at (646) 956-2660.
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