Legal Question in Criminal Law in New York

Re: Felony removal

I wish I had better news for you but in New York State, your criminal record is yours for the rest of your life. New York does not have a sealing statue nor can it be expunged from you record. Your record, along with everyone elses is permanent.

Now for some slightly good news. Under very limited circumstances, an application for a Certificate of Relief from Civil Disabilities can be applied for through the court you were convicted in. It is not typically granted in felony cases but if you are serious in attempting to get a carreer in law enforcement this is your best bet. I would also contact the law enforcement agency and see if your record will block you to start with.

If I can be of further assistance you can contact me at [email protected] or at 516.746.4747.

Joel R. Salinger, Esq.

Re: Felony removal

There is a procedure under CPL Section 440 to attempt to vacate a conviction.

It is extremely difficult to prevail on such a motion, especially if the conviction arises from a guilty plea.

One ground commonly advanced on these motions is ineffective assistance of counsel but, again, this is very difficult to establish. These motions are often denied without even a hearing on the facts.