If 7 years ago I was arrested for a suspended license and then spent the night in jail, can I have this expunged or sealed from my record?

The next day, I stood in front of an NYC judge and agreed to pay a fine and was released.

Asked on October 17, 2014 under Criminal Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

So you were fingerprinted and the whole nine yards, correct? Then you will have a record of the arrest.  Understand that you could have been charged under the VTL and not the Penal Law so you may need to run a background check on yourself. Which is the first step.  Now. NY does not expunge, they seal and only in certain instances like if your case is settled in your favor by acquittal, outright dismissal, dismissal after adjournments in contemplation of dismissal, declined prosecution, or nolle prosequi. Photos, copies, fingerprints and other proofs are destroyed in a complete sealing. Non-criminal offenses are generally sealed automatically so that is why you need to see how you were charged and run a background check on yourself.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.