Is there anyway to have a felony removed from your record?

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Is there anyway to have a felony removed from your record?

Every time i go on a job interview I get rejected because of my criminal record. I need to have this removed or sealed.

Asked on May 5, 2009 under Criminal Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

NY doesn't allow expungement or sealing of a criminal conviction.  However, you may be able to go to court and get a "Certificate Of Relief From Civil Disabilities" (CRD).  

This is not a pardon and is issued solely at the discretion of the court.  If available to you, a CRD is a vehicle designed to lessen various mandatory forfeitures, disabilities and bars to employment resulting from a conviction.  These rights primarily concern employment and licensing.  This would allow you to get licenses that you would not otherwise be able to get, allow you to vote or be used to show employers that the felony should not be used against you.

The CRD will not preserve any right to retain or be eligible for public service. A CRD will not eliminate bars to employment that are not imposed solely as a result of the conviction, i.e., the bar must result by reason of the conviction alone.

Assuming that you have had no other convictions you may be granted a CRD.

Hope this helps.

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

While New York does not have expungement or sealing you can apply to the court for a Relief for Civil Disabilities. This is a process wherein you go before the Judge that sentenced you and ask that your record not be used as an impediment with regards to liberties that have been infringed upon by way of the felony. This would allow you to get licenses wherein you normally could not, allow you to vote or be used to show employers that the felony should not be used against you. You do not necessarily need an attorney to do this but most people contact the attorney they had in the case to make the application before the Judge.  It requires a showing to the Court that the person has taken steps to improve his life or that teh behavior which caused the conviction was aberrational.

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

New York doesn't allow for expungement or "sealing" of records when a conviction was entered, only in cases where the charges were dismissed, vacated, set aside, not filed, or terminated.

There is an exception for some older controlled substance, marijuana, and loitering offenses (New York Criminal Procedure Laws 160.50, 160.58).


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