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 Criminal Records... What you can/can't do to your criminal recordOther advice
  • You CANNOT erase or “expunge” criminal record information in New York State.
  • However, you CAN “seal” information about any case that was dismissed or that was otherwise terminated in your favor. These include arrests that ended in:
    • Acquittals
    • Dismissals
    • Decline prosecutions
    • Adjournment in contemplation of dismissal/ACD (sealed after a waiting period has passed unless you are rearrested during that period.)
  • Most convictions from youth CAN be sealed.
  • Juvenile Delinquency adjudication is sealed and not available to any person or public or private agency, but is available to the criminal justice system.
  • Youthful Offender status is considered confidential but is available to the criminal justice system and designated educational officials.
  • Juvenile Offender conviction CANNOT be sealed and is available to any person or public or private agency.
  • You CAN seal records of most (but not all) non-criminal convictions or violations.
  • When a case is sealed, your fingerprints, palm prints and mug shots are destroyed and information about the sealed arrest is removed from the version of your rap sheet that will be sent to employers and others. A record of all your arrests will still remain in a confidential file in the DCJS computer.
  • Misdemeanor or Felony convictions CANNOT be sealed. However, you CAN apply for a Certificate of Relief from Disabilities or a Certificate of Good Conduct to restore rights you may have lost and to certify that you have been rehabilitated.
  • Certificate of Relief from Disabilities: No more than one felony conviction.
  • Certificate of Good Conduct: Multiple felony convictions.
  • Visit the NYS Division of Parole website for more information: New York State Division of Parole Certificate of Relief Informational Page
     
    Complied by Legal Aid Bureau of Buffalo Inc.
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