Having a criminal record in the state of New York can certainly limit your ability to progress with your life. While you may have paid back your debt to society, you can still be punished by potential employers, lenders and even landlords. In certain cases, getting your criminal record expunged is possible. If you believe you may be a candidate for having your record expunged, you should certainly investigate the process. However, be aware that there will be challenges.
The requirements for expungement
Unfortunately, not everyone who has been convicted of a crime can qualify for a record expungement, as this is only available to certain people in certain circumstances. These include:
- Those who have not had a criminal conviction for ten years
- Individuals who have only two unrelated criminal convictions on their record
- people who have not committed a Class A felony
- Anyone who has not been placed on a sex offender’s registry
All four of these criteria must be true for a person to be approved for the expungement process. For example, a person who committed a Class A felony can wait for 10 years but still won’t be approved to have their record expunged, and it will not matter what kind of criminal defense they put up in court.
These aren’t the only challenges that people face when trying to get their criminal record expunged. The process itself can be quite lengthy and cumbersome. These barriers can include things, such as:
- Filling out forms
- Paying fees
- Using a notary
- Obtaining supporting documents
- Meeting record filing requirements
- Gaining cooperation from the District Attorney
- Waiting behind a huge backlog of cases
One benefit to having your record expunged in New York is that the fees you will pay are rather low especially compared to other states. However, the backlog of cases is monumental. While you wait to have your expungement approved, you will continue to face the negative consequences of your conviction from those who can make your life quite difficult.