Can a Class E Felony be Expunged in NY?
In the state of New York, a Class E felony is considered a serious criminal offense, punishable by up to 4 years in prison. However, many individuals who have been convicted of a Class E felony may be wondering if they can have their record expunged. In this article, we will explore the answer to this question and provide guidance on the expungement process.
What is Expungement?
Before we dive into the specifics of Class E felony expungement, it’s essential to understand what expungement is. Expungement is the process of sealing or destroying a person’s criminal record, effectively erasing the conviction from their record. This can be a crucial step in helping individuals to move forward with their lives, free from the stigma of a criminal conviction.
Can a Class E Felony be Expunged in NY?
The answer to this question is yes, but it’s not a straightforward process. New York State has specific laws governing expungement, and not all convictions are eligible for expungement. Class E felonies are eligible for expungement, but the process is more complex than for other types of offenses.
Eligibility Criteria
To be eligible for expungement, an individual must meet the following criteria:
- The conviction must be for a Class E felony (as defined in NY Penal Law § 70.00)
- The individual must have completed their sentence, including any period of probation or parole
- The individual must not have any pending charges or convictions (except for minor traffic violations)
- The individual must not have been convicted of a felony or misdemeanor within the past 10 years (except for certain technical violations)
The Expungement Process
If an individual meets the eligibility criteria, they can begin the expungement process. Here are the steps to follow:
- Gather required documents: The individual will need to gather various documents, including:
- A certified copy of their conviction record
- A completed application for expungement (Form CR-2)
- Proof of completion of sentence (e.g., certificate of discharge)
- Proof of eligibility (e.g., proof of no pending charges or convictions)
- File the application: The individual must file the application with the court where they were convicted.
- Wait for a hearing: The court will schedule a hearing to review the application.
- Attend the hearing: The individual must attend the hearing and provide evidence to support their application.
- Wait for the decision: The court will render a decision on the application. If approved, the conviction will be expunged.
Timing and Costs
The timing and costs associated with expungement can vary depending on the court and the individual’s circumstances. Typically, the process can take several months to a year. The costs associated with expungement include:
- Court filing fees: $10-$50
- Attorney fees: variable (depending on the attorney’s rates)
- Criminal history record fee: $65 (for a certified copy of the conviction record)
Alternatives to Expungement
In some cases, expungement may not be possible or may not be the best option. Alternative options may include:
- Sealing: Sealing a conviction can be a faster and less expensive option than expungement. Sealing a conviction means that the record is not publicly available, but it is still maintained by the court.
- Certification: Certification is a process that allows individuals to have their conviction record certified as "expunged" for employment or other purposes.
- Pardons: A pardon is a formal forgiveness of a conviction, which can be granted by the Governor of New York.
Conclusion
In conclusion, Class E felonies can be expunged in NY, but the process is complex and requires careful consideration. Individuals who are eligible for expungement must meet specific criteria and follow a multi-step process. It’s essential to consult with an attorney who is experienced in expungement law to ensure the best possible outcome.
Table: Eligibility Criteria for Expungement
| Criteria | Description |
|---|---|
| Conviction must be for a Class E felony | The conviction must be for a Class E felony as defined in NY Penal Law § 70.00 |
| Sentence must be completed | The individual must have completed their sentence, including any period of probation or parole |
| No pending charges or convictions | The individual must not have any pending charges or convictions (except for minor traffic violations) |
| No felony or misdemeanor convictions within 10 years | The individual must not have been convicted of a felony or misdemeanor within the past 10 years (except for certain technical violations) |
Bullets: Important Points to Consider
• Expungement is not automatic: Eligibility does not guarantee expungement.
• The process can take several months to a year: Timing and costs can vary depending on the court and individual circumstances.
• Alternative options may be available: Sealing, certification, and pardons may be viable alternatives to expungement.
• Consult an attorney: Experienced legal counsel can help navigate the expungement process and ensure the best possible outcome.
