Unfortunately, New York is not one of the 40 states in the United States which has a procedure that allows criminal lawyers buffalo ny to petition the court to expunge the criminal records of an adult who was convicted of either a misdemeanor (Punishable by up to a year in jail) or a felony (Punishable by longer prison terms). Even if you did not spend any time in jail or received a conditional discharge, a full expungement is not available.
The only exception is for youthful offender who were under the age of 19 at the time the crime was committed. For this class of offenders, there are special procedures for expunging some criminal records.
Generally, violations are wiped out automatically after the passage of a certain amount of time. This includes minor traffic infractions and possibly disorderly conduct.
Sealing, on the other hand, is a more widely available alternative to expungement. Unlike expungement, however, sealing does not obliterate all records of a criminal arrest or conviction. Instead, it restricts who may access the records. In some cases, such as where the case results in a conditional discharge, the sealing can be reversed, or even temporarily unsealed if a court orders it.
Nevertheless, sealing is very important. In some cases, it is automatic (following an adjournment in contemplation of dismissal or if the prosecutor refuses to go forward with the case). In other cases, it is within the discretion of the court, which means your criminal lawyer buffalo ny may need to petition the court. For example, for persons who successfully complete a treatment program and any jail sentence, the court has discretion to seal the records.
The Criminal law is complicated in New York. If you are looking for free legal advice buffalo ny from a criminal defense attorney buffalo ny, and facing criminal charges or in the middle of a criminal case, contact a criminal lawyers buffalo ny, criminal lawyer buffalo ny, or criminal attorney buffalo ny