Legal Question in Criminal Law in New York

Expungement of records

I was found guilty of Harrassment 2nd in November 2004. How can I get this record expunged or cleared. I was never in any trouble before this and have not been since. I was told this was the equivalent of a parking ticket and would have no significant effect on my life. However it is interfering with my obtaining employment in my field.


Asked on 6/20/06, 6:37 pm

2 Answers from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Expungement of records

You can't. NY is one of those "law and order" States that does not allow expungement for any reason. Your only option is to try and get the conviction set aside. If you were convicted after a trial, did you appeal? If you plead guilty, was it part of a plea bargain where either the charges were reduced or others were dropped?

Contact me if I can be of further assistance. Good luck.

Don

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Answered on 6/20/06, 7:45 pm

Re: Expungement of records

Although there is no statute that allows a court to expunge a conviction, a judge does have the inherent power to order it. The problem is that the New York State Department of Criminal Justice Services (DCJS) will not honor an expungement order (if you can get one) because there is no statute authorizing it. I recently discussed this with a top person in the Criminal History Unit at DCJS. However, I was also told that a violation should not appear on a background check expcept for a law enforcement job.

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Answered on 6/20/06, 7:54 pm


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