New York Criminal Law: Expungement

Criminal Record
Under New York legal process, one can have his records of crime expunged under certain circumstances. That means the criminal record is either destroyed or returned to the person charged with the crime. Under some circumstances, the criminal record of a person may also be sealed so as to prevent the same from being made public. The record thus sealed may be needed for future criminal proceedings or the convicted person may need it for producing for future employment application, etc. The court may grant destruction of some records or return to the appellant. However there may be cases where the criminal court will retain some of the documents but keeping them sealed so as to prevent viewing by public or disclosure.

Expunging DNA Records
The DNA samples and records of a convicted person may be expunged if the person is exonerated from all criminal charges or he has been granted clemency or there is vacation or reversal of the conviction. If a convicted person becomes eligible under the aforesaid circumstances, an appeal petition can be filed by that person in New York criminal court for expungement. If the court grants his appeal, all records and samples used in the criminal proceedings will be destroyed or returned to the person if appealed for. Whenever a criminal case ends with verdict in favor of the person charged for a crime, the criminal court usually seals the record unless the court feels that the record should be left unsealed for the sake of justice.

Juvenile Delinquency
Where delinquency has not been judged by a juvenile court in respect of a juvenile crime, all records can be expunged by an authorized order of the juvenile court. Even where there is judgment of delinquency against a juvenile, the juvenile court can order for expunging documents recorded with the court including fingerprints, photographs, etc.