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?
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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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 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.
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