How to Expunge a Misdemeanor in NY?
Expungement is the process of sealing or destroying a criminal record, making it inaccessible to the public. In New York, the process of expunging a misdemeanor conviction is governed by New York Criminal Procedure Law (CPL) Article 230. In this article, we will guide you through the process of expunging a misdemeanor conviction in New York.
Eligibility for Expungement
Not all misdemeanor convictions are eligible for expungement. To be eligible, the conviction must meet the following criteria:
- The conviction was for a misdemeanor only (felony convictions are not eligible for expungement)
- The conviction was not for a serious offense, such as domestic violence or a sex crime
- The conviction was not for a crime committed while the person was on probation or parole
- The person has not been convicted of any other crimes within the past 10 years
- The person has completed their sentence, including any probation or community service
Types of Misdemeanors Eligible for Expungement
The following types of misdemeanors are eligible for expungement in New York:
- Petty larceny (stealing goods valued at less than $1,000)
- Disorderly conduct
- Disturbing the peace
- Vagrancy
- Resisting arrest
- Harassment
The Expungement Process
The expungement process involves several steps:
- Gathering Documents: You will need to gather the following documents:
- A copy of your conviction
- A copy of your sentence
- A copy of your discharge or completion of sentence
- A sworn statement attesting to the accuracy of the information
- Filing the Petition: You will need to file a petition with the court where you were convicted. The petition must include the required documents and a sworn statement attesting to the accuracy of the information.
- Notice to the District Attorney: The court will notify the District Attorney’s office of the petition. The District Attorney has 60 days to respond to the petition.
- Hearing: If the District Attorney responds to the petition, a hearing will be scheduled. At the hearing, you will need to present evidence to support your petition.
- Order of Expungement: If the court grants your petition, it will issue an order of expungement. The order will be filed with the court and will be mailed to you.
The Expungement Process: Step-by-Step
Here is a step-by-step guide to the expungement process:
| Step | Description |
|---|---|
| 1 | Gather required documents |
| 2 | File petition with the court |
| 3 | Notice to the District Attorney |
| 4 | Response from the District Attorney (if applicable) |
| 5 | Hearing (if applicable) |
| 6 | Order of expungement (if granted) |
| 7 | Filing of the order with the court |
| 8 | Mailing of the order to the applicant |
Fees and Costs
There are fees and costs associated with the expungement process:
- Filing fee: $25
- Certified copy fee: $5
- Sworn statement fee: $5
What Happens After Expungement
After the order of expungement is granted, your conviction will be sealed or destroyed, making it inaccessible to the public. This means that:
- The conviction will not appear on your criminal record
- The conviction will not be disclosed to potential employers or landlords
- The conviction will not be used to determine your eligibility for housing, employment, or education
Conclusion
Expunging a misdemeanor conviction in New York can be a complex and time-consuming process. However, if you are eligible and follow the correct procedures, you can successfully expunge your conviction and have it sealed or destroyed. Remember to gather the required documents, file the petition, and follow the steps outlined above to ensure a successful expungement.
