In New York state can you expunge a misdemeanor?

Answer 1

If the case has been ajudicated AND the sentence has been COMPLETELY SERVED - you may present a petition/motion to the court requesting it be expunged, accompanied by good reason why it should be granted. The court will consider your motion and after review will issue a decision either granting or denying the request. This process is not quick and it is not automatically granted. Even if it is granted it does not mean that you were pardoned. Your conviction will still remain on record but it will not be available to the general public - only to law enforcement and the courts.

According to the Justice Dept. of New York, there is no expungement in New York State for adult arrests, however, the arrest record can be sealed in instances entailing a non-conviction (i.e. dismissal or acquittal). Any felony or misdemeanor cannot be expunged, and the only avenue of correction permitted is to obtain a Certificate of Good Conduct or Certificate of Relief to have rights restored or restrictions removed pertaining to employment, obtaining licenses or even running for office. In those instances "sealed records" can be released on a limited basis (as noted above) to law enforcement and the courts. However, New York State law does not permit felony or misdemeanor convictions from being removed from your public record under any circumstance. See this paragraph below which is an excerpt from the URL at the bottom which links to a NYS gov't website:

3. I was convicted of a misdemeanor or felony in New York State more than 10 years ago. How do I get it expunged?

Answer: New York State law does not allow for expungement of adult arrest records (those based upon criminal incidents when the individual was 16 years of age or older). However, a record related to an arrest that resulted in a dismissal of the charge or an acquittal may be sealed. A sealed record can be released only for limited purposes, such as if an individual applies for a pistol permit or for employment as a police or peace officer. Additionally, a sealed record may be released to parole or probation if you are under supervision

Answer 2

To request an expungement of your STATE criminal record: You must have either been acquited or served the complete term of your sentence - then submit a petition to the court setting forth good reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Law enforcement, the courts, and government agencies will always have access to your actual 'true' record. Expungement only removes the record of your offense from being viewed by the public. FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your request for expungement is granted and you are a resident of a state which completely or partially restores your "rights" (you will have to do research to learn if this applies to your particular state), you will still remain subject to any restrictions that your state laws place on you (e.g.- voting rights - holding elective office - firearms/ammunition possession - etc). CAUTION: FEDERALLY CONVICTED FELONS: It remains a FEDERAL felony offense for a federally convicted felon to ever own or possess a firearm. The U.S. Criminal Code, makes the penalty for illegal possession of a firearm in prison in some cases a mandatory minimum of fifteen (15) years in prison (Title 18 U.S.C. sec 924(e)(1). At this time federally convicted felons have no solution to their firearm disqualification problems. By denying funding, Congress has effectively suspended the review of federally convicted felons' petitions for restoration of their firearms privileges.

Answer 3

New York state law will not allow a conviction to be expunged. However, if you are convicted of a misdemeanor, it doesn't carry the same weight as a felony.

Answer 4

Get the judge to do it.