How to Get Records Expunged in New York
New York law provides for expungement of records in very limited circumstances. For any non-criminal disposition such as traffic infractions or cases classified as violations, like a disorderly conduct charge, the court automatically expunges the record for you. Misdemeanor and felony convictions cannot be expunged. A special provision exists for expungement of DNA records that were taken as a result of a misdemeanor or felony conviction if the conviction was overturned on appeal, vacated by the court or a pardon granted. Even DNA records obtained in connection with a plea agreement may be expunged. However, the records related to the conviction or plea agreement cannot be expunged.
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Instructions
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Obtain the necessary documents to support your request for expungement of your records from the DNA databank. If your conviction was overturned on appeal, vacated by the trial court or you received a pardon, you must obtain a certified copy of the final order to support any of the applicable situations. If your information was included in the DNA databank due to a plea agreement, you must provide sufficient documentation that you complied with all the terms of the plea agreement, such as probation.
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Prepare a written request for expungement of your records from the DNA databank to the New York Division of Criminal Justice Services (DCJS). Your request should include all relevant identifying information--your full name, date of birth, current address and case number of criminal records--and include with the request the certified copies or other documentation you obtained in Step 1.
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Review the response you receive from the DCJS to your request as soon as it arrives, which may require signing for a certified letter. If there are any discrepancies between the information you provided and the information the DCJS located, you will have to respond to the DCJS to clarify the discrepancies. If the DCJS finds that the information you provided entitles you to expungement, the DCJS will indicate by what date you can expect the records to be sent to you, which must be within 120 days.
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Destroy the records the DCJS sends to you in such a manner that the records can never be found. The DCJS is responsible for destroying the DNA samples taken from you. The DCJS is required to keep a catalogue of the records sent to you for three years, after which it must be destroyed by the DCJS.
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Tips & Warnings
Although not the same as expungement, which is the destruction of a record, New York law does permit the sealing of records for certain criminal convictions from public view. However, these records are still accessible in several circumstances, such as a background check for law enforcement employment.
Even in cases where expungement of a record is possible, the relief sought---erasure of the record---is becoming more illusory than real because the record may have already been entered into a private database. Anyone using the private service will be able to locate the record. It is wise not to assume your criminal record cannot be found because you obtained an order of expungement.
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