Arrest With No Conviction In Suffolk
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For a misdemeanor, records will be sealed three years after conviction or release from jail. For a felony, records will be sealed eight years after conviction or release from prison. Individuals must maintain a clean record and be no longer on probation or parole in order to qualify for record sealing.
You just need to meet the basic eligibility requirements. That means if you complete your waiting periods without getting a new conviction, complete your community supervision, and don't have any pending charges, then sealing under Clean Slate will happen automatically. No application will be necessary.
Under New York law, parties who can view or obtain a nonpublic arrest record include the subject of the record (with ID), someone the subject designates (with ID), and official personnel for approved purposes. Any other party must procure a court order that permits disclosure.
Eligibility. Most misdemeanor and felony charges under New York law are eligible for sealing. Misdemeanors are sealed three years from the individual's release from prison, or from the date of sentencing if there was no sentence of incarceration.
Being charged with a crime does not necessarily mean that you have been found guilty or convicted of the offense; it simply means that there is enough evidence for the government to pursue legal action against you.
You may request to voluntarily vacate a warrant by submitting an Application to Vacate District Court Warrant (form DC-320-A) to the Clerk's Office public information windows before AM any regular business day.
For better or worse, the fact is that in the state of New York, you cannot expunge your criminal record. A record that is "expunged" is permanently erased. However, you can "seal" your criminal record in New York, which means it will become invisible to the public.
This law will automatically seal certain criminal records after a required waiting period – three years after conviction or release from jail for a misdemeanor and eight years after conviction or release from prison for a felony – provided they have maintained a clean record and are no longer on probation or parole.
