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Unfortunately, New York State does not permit expungement, vacating, or sealing of a felony or misdemeanor conviction, despite the number of years that have elapsed or good behavior that may have followed. A felony conviction remains on your record for the rest of your life, unless you are able to obtain a pardon from the governor of the state of New York, which occurs only in rare instances. In addition, the felony conviction makes you what is termed a “predicate felon” which would expose you to a mandatory jail sentence if convicted of another felony crime within 10 years of the termination date of your probation. Thus, your 1996 felony conviction will definitely appear on background checks, even after 10 years have passed since the date you were sentenced to probation.
The only remedy available, which is limited, if you have had no further incidents with the law, is to request a “certificate of relief.” Again, this does not seal your record, vacate nor expunge the felony conviction. It, however, entitles you to certain privileges that would otherwise be denied and demonstrates to a prospective employer you may be worth the risk, moreso than if you had not received one. You can request this certificate through the Department of Probation in the courthouse clerk’s office where you were sentenced to probation. Your fingerprints must be taken again, to assure you have not been rearrested or convicted of other crimes since 1996. After evaluating your criminal history, or lack thereof, your current and past employment, education, ties and service(s) to the community (which you would offer), since your conviction, and your probation period, a determination is made whether you deserve a “certificate of relief.” You can hire an attorney to assist you or fill out the paper work yourself, but it is definitely worth it.
Best of luck!
Reply by Darren Chaker:
One other use of the word occurs when a criminal charge is dismissed. CPL §160.50 and §160.55 require sealing of records and papers relating to the arrest or prosecution.
The purpose of the sealing provision in CPL §160.50 is to insure that a person who is charged but not convicted suffers no stigma of having once been the subject of an unsustained accusation. Kalogris v Roberts, 185 AD2d 335, 586 NYS2d 806 (2d Dept 1992).
Further, records from a prior criminal proceeding that was resolved favorably for defendant are sealed and may not be used by the prosecution on either direct or cross. People v Seeley, 179 Misc2d 42, 683 NYS2d 795 (Sup Ct 1998).
Darren Chaker
Unfortunately, after extensive research the only relief available is by way of the New York State Parole Board, whcih is called a Certificate of Relief of Civil Disabilities, if you are successful in obtaining this docuent, it will restore you to all codes concerning licensing in New York State and other states may honor this certificate as well. As far as an outright seal, federal convictions are very difficult to deal with. Your only other form of relief is a Presidential Pardon which you can research as the Department of Justice website.
To request an expungement: You must first have served the complete term of your sentence - then submit a petition to the court setting forth good reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being viewed by the public. Law enforcement, the courts, and government agencies will always have access to your complete 'actual' record. If you were convicted of a felony crime, (unless you are a resident of a state which completely restores your "rights"), tor legal purposes, your status will still remain that of a 'convicted felon' and you remain subject to any restrictions that status places upon you (voting rights - privilege of holding elective office - gun possession - etc).
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