New York City Expungement Lawyer
New York’s criminal record laws have shifted considerably in recent years, and the gap between what people believe is possible and what the law actually allows remains wide. Searching for a New York City expungement lawyer is often the starting point for people who have carried a record for years, decades even, and want to understand whether relief is finally within reach. The answer is more nuanced than a simple yes or no, and that nuance is exactly where this practice lives.
New York has historically been one of the more restrictive states when it comes to sealing and clearing criminal records. True expungement, in the sense that most people understand it, where a record is destroyed or treated as though the arrest or conviction never occurred, is available in New York only in a narrow set of circumstances. Marijuana-related convictions are the clearest current example, following the passage of the Marihuana Regulation and Taxation Act. Beyond that, New York’s framework relies primarily on sealing rather than outright expungement, and the eligibility requirements, waiting periods, and procedural hurdles are substantial. For someone with a prior conviction, the difference between a sealed record and a fully expunged one carries real practical consequences for employment, licensing, housing, and immigration status.
The Law Offices of Jason Goldman advises clients throughout New York City on what their record actually looks like to employers, licensing boards, and federal agencies, what remedies are currently available under New York law, and how to pursue those remedies as effectively as possible. This includes sealing petitions under CPL 160.59 for eligible felony and misdemeanor convictions, automatic sealing for certain marijuana records, and the strategic considerations that apply when a client’s record intersects with ongoing or potential federal scrutiny.
What Expungement and Sealing Actually Mean for a New York City Record
The terminology around record relief tends to create confusion, and that confusion can lead people to either overestimate what is possible or give up on pursuing relief they actually qualify for. In New York, expungement is not a general-purpose tool. The Legislature has authorized automatic expungement for specific marijuana-related offenses that have been decriminalized or legalized, meaning those convictions are removed from the person’s official record without requiring a court petition. That is a significant benefit for people who were convicted of low-level marijuana offenses, but it does not extend to the broader universe of drug charges, violent offenses, or other categories of conviction.
Sealing under CPL 160.59 is distinct. A sealed record is not destroyed. It is made unavailable to the general public, including most employers conducting background checks, but it remains accessible to law enforcement, prosecutors, certain licensing agencies, and federal entities. For most people navigating the private employment market or applying for professional licenses at the state level, sealing is a meaningful and consequential form of relief. For someone applying to work in federal law enforcement, obtaining a federal firearms license, or dealing with immigration consequences, a sealed record may still present obstacles. A New York City expungement attorney with serious criminal law experience will map this territory honestly rather than overselling what a successful sealing petition accomplishes.
CPL 160.59 allows a person with up to two convictions, no more than one of which can be a felony, to petition for sealing after a ten-year waiting period has elapsed from the later of the sentencing date or release from incarceration. Certain offense categories are categorically ineligible, including sex offenses requiring registration, most violent felonies as defined under New York Penal Law, and certain other designated offenses. The court conducts a discretionary review, which means even a technically eligible petition can be denied if the court weighs the factors against the applicant. Preparing a petition that anticipates and addresses the court’s discretionary concerns is not a clerical task. It requires legal judgment and, in many cases, supporting documentation, references, and a narrative that contextualizes the conviction within the applicant’s broader life history.
Charges, Convictions, and Record Issues This Firm Handles
- Felony sealing petitions under CPL 160.59: Individuals with a single felony conviction who meet the ten-year waiting period and eligibility criteria may petition the court that entered the conviction; the process involves a discretionary hearing and often benefits from a prepared written submission addressing the statutory factors the court is required to consider.
- Misdemeanor sealing under CPL 160.59: Up to two misdemeanor convictions may be sealed under the same statutory framework, and misdemeanor petitions, while procedurally similar, carry their own strategic considerations depending on the nature of the underlying offense and the agencies likely to retain access to the record.
- Marijuana conviction expungement under New York’s Marihuana Regulation and Taxation Act: Certain low-level marijuana convictions were designated for automatic expungement following legalization, but the automatic process is not always complete or accurate, and individuals may need to take affirmative steps to confirm their records have been cleared in all relevant databases, including court, police, and Division of Criminal Justice Services records.
- Sealing of non-criminal violations and disorderly conduct adjudications: Violations and disorderly conduct, which are not crimes under New York law, are subject to different sealing provisions, and individuals who resolved cases at this level may have a cleaner path to a sealed record than they realize.
- Arrest records without conviction: When charges are dismissed, adjourned in contemplation of dismissal and then dismissed, or result in an acquittal, New York law generally provides for sealing of the arrest record, but the administrative reality is that those records sometimes remain visible longer than they should, and taking affirmative steps to confirm the record has been sealed is often warranted.
- Youthful offender adjudications: New York’s youthful offender statute seals adjudications automatically in most cases, but clients sometimes discover these records appearing in background checks improperly, and correcting those discrepancies requires understanding how the sealing mechanism interacts with various reporting databases.
- Certificate of Relief from Disabilities and Certificate of Good Conduct: For convictions that cannot be sealed, these certificates do not erase the record but lift or mitigate automatic legal bars to employment and licensing; they are a meaningful tool for clients who are ineligible for sealing and need a documented basis for a licensing board or employer to exercise discretion in their favor.
What to Actually Do When You Want to Address a Criminal Record in New York
The first step is understanding precisely what your record contains and where it appears. New York’s Division of Criminal Justice Services (DCJS) maintains the statewide criminal history repository, and individuals are entitled to request their own record through the DCJS fingerprint-based review process. Court records are held separately by the Office of Court Administration and by the individual courts where the cases were handled. Federal criminal history, which is maintained by the FBI, is a third repository entirely. Many clients are surprised to discover that their record looks different depending on which database a background check vendor pulls from, and getting a clear picture requires reviewing multiple sources.
For sealing petitions, the case must be filed in the court where the conviction was entered. In New York City, that means cases handled in Supreme Court go back to that court’s criminal term, cases in Criminal Court go back there, and so on. The clerk of the relevant court receives the petition, and the District Attorney’s office in that county must be served and given the opportunity to respond. In Manhattan, that is the New York County District Attorney’s Office. In Brooklyn, the Kings County District Attorney. The Bronx, Queens, and Staten Island each have their own District Attorney’s offices that participate in this process. The court then schedules a hearing and the judge exercises the discretionary review required by the statute.
Timing matters in ways that people underestimate. The ten-year clock under CPL 160.59 runs from the later of sentencing or release, so a person who received a prison sentence needs to count from their release date. Pending criminal cases or open warrants will disqualify a petitioner entirely. People who have an open case in any New York court while simultaneously seeking to seal a prior conviction will find that petition stopped in its tracks. Resolving any open matter before filing a sealing petition is not optional. The most common mistake in this process is submitting a petition without first conducting a thorough audit of the applicant’s current legal status across all jurisdictions where they may have had contact with the criminal justice system.
For clients whose records intersect with immigration status, the analysis becomes considerably more complex. A sealed conviction in New York state does not disappear from the immigration record. USCIS and immigration courts operate under federal standards and have access to records that remain visible at the federal level. Anyone whose sealing or expungement question is entangled with immigration consequences should understand that result before proceeding, not after.
Why This Firm’s Criminal Law Background Shapes Record Relief Representation
Jason Goldman built his practice as a former Brooklyn prosecutor before moving into criminal defense, where he has tried over 25 cases to verdict. His firm represents individuals at every phase of criminal litigation, from pre-arrest investigations through trial, sentencing, and appellate practice. That depth of criminal law experience informs record relief work in ways that a practice focused solely on post-conviction paperwork cannot replicate.
When the District Attorney’s office responds to a sealing petition with opposition, the hearing that follows is adversarial. The attorney on the other side of that hearing is a prosecutor. Knowing how prosecutors evaluate these petitions, what arguments they typically advance, and how judges in New York City’s criminal courts weigh discretionary factors is knowledge that comes from years of practice in those same courtrooms. Mr. Goldman has been recognized by Fox 5’s Rosanna Scotto, the New York Post, and WABC for his work on high-profile matters, and his reputation within New York’s criminal justice community reflects the kind of standing that matters when navigating contested post-conviction proceedings.
The firm’s practice spans state and federal courts, including the Southern and Eastern Districts of New York. For clients whose records have federal dimensions, whether because the underlying conviction was federal or because the record’s visibility in federal databases matters for a specific purpose, having a New York City criminal defense attorney who practices in both systems is not a minor point. Mr. Goldman is admitted in both the Southern and Eastern Districts, is a member of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, and serves on the Criminal Courts Committee of the New York City Bar Association. For individuals whose record situation requires a thorough legal strategy rather than a form filed with a court clerk, this is the environment in which that strategy gets built.
Questions About New York City Record Sealing and Expungement, Answered
Does New York allow full expungement of criminal convictions?
True expungement, where a record is destroyed and treated as though it never existed, is available in New York only for specific marijuana-related offenses that were decriminalized or legalized under the Marihuana Regulation and Taxation Act. For virtually all other convictions, New York’s framework provides sealing rather than expungement. A sealed record is removed from public view but continues to exist and remains accessible to law enforcement and certain agencies.
Who qualifies to file a sealing petition under CPL 160.59?
A person who has been convicted of no more than two crimes in New York, with no more than one being a felony, may petition for sealing if at least ten years have passed since the later of sentencing or release from incarceration on the most recent conviction. Certain offense categories are categorically disqualified, including sex offenses requiring registration and many violent felony offenses. The petitioner must also have no pending criminal cases or open warrants at the time of filing.
What happens at the sealing hearing, and how much does the judge’s discretion matter?
The judge is required by statute to consider a set of enumerated factors, including the nature and circumstances of the offense, the applicant’s criminal history, evidence of rehabilitation, the impact on public safety, and the applicant’s need for relief. The hearing is the opportunity to present evidence on each of those factors. The District Attorney’s office may oppose the petition, which means the hearing can take on an adversarial character. A well-prepared submission and effective advocacy at the hearing can make a meaningful difference in the outcome, particularly in cases involving more serious underlying offenses.
If my record is sealed, will employers still see it on a background check?
Most private employers conducting standard background checks through consumer reporting agencies will not see a sealed conviction, and under New York law, a person with a sealed record may lawfully answer “no” when asked on a job application whether they have a criminal record, with certain limited exceptions. However, some licensing agencies, law enforcement employers, and positions involving work with vulnerable populations have access to sealed records. The practical effect of sealing depends on the specific context in which the record would be reviewed.
My marijuana conviction was supposed to be automatically expunged. How do I confirm it actually happened?
Automatic expungement does not always mean immediate or perfectly complete clearance across every database that holds a record. State court records, DCJS records, and local police records are separate systems, and the administrative process of clearing each one takes time and is not always synchronized. Requesting your record from DCJS and the Office of Court Administration after expungement should have taken effect is the most direct way to verify that the conviction has been cleared. If it still appears, taking affirmative steps to correct the discrepancy through the appropriate agency is necessary, and an attorney can help identify which agency holds the erroneous record and how to address it.
Does a sealed New York record affect my federal gun rights?
Federal firearms law is governed by federal standards and does not automatically recognize New York state sealing. Whether a sealing restores federal firearms eligibility depends on the nature of the underlying conviction and the specific language of the applicable federal statutes. This is an area where the gap between state and federal law creates real consequences, and anyone whose situation involves firearms rights should analyze the federal question separately from the state sealing analysis.
I was arrested but never convicted. Is that arrest visible on background checks?
It depends on how the case was resolved and whether the sealing that should have occurred actually occurred. New York law generally requires that arrest records be sealed when charges are dismissed, when a case results in an acquittal, or when an adjournment in contemplation of dismissal leads to a final dismissal. However, the record sometimes remains visible in third-party background check databases that pull from older or incomplete data sources. Verifying that the sealing has been correctly applied across relevant repositories is worth doing, particularly for arrests that are several years old.
Can a sealed conviction still be used against me in a future criminal case?
Yes. A sealed conviction remains part of the record for purposes of law enforcement and prosecution. If a person with a sealed conviction is subsequently arrested, prosecutors and judges can access that prior conviction history. Sealing limits public visibility; it does not erase the record’s existence within the criminal justice system.
What is a Certificate of Relief from Disabilities, and is it a substitute for sealing?
A Certificate of Relief from Disabilities is not a substitute for sealing, and it does not remove a conviction from public records. It is a document issued by a court or the Board of Parole that lifts specific automatic legal bars, primarily related to professional licensing and public employment, that attach to certain convictions under New York law. For people who are ineligible for sealing, whether because their conviction type is excluded or because the waiting period has not elapsed, a Certificate of Relief can provide a meaningful basis for a licensing board or employer to exercise discretion in the applicant’s favor. It is a different tool with a different purpose.
If I have both a New York state conviction and a federal conviction, can I address both through the New York sealing process?
No. CPL 160.59 applies only to New York state convictions. Federal convictions are governed by federal law, and federal post-conviction relief options are distinct from, and generally more limited than, what New York state law provides. A person with a federal conviction cannot have that conviction sealed through a New York court petition. The two records need to be analyzed separately, under the legal frameworks that govern each jurisdiction.
Representing Record Relief Clients Across New York City and Beyond
The Law Offices of Jason Goldman represents clients throughout New York City and the surrounding region. In Manhattan, the firm serves clients from the Upper West Side, Harlem, Washington Heights, Inwood, Chelsea, Hell’s Kitchen, Midtown, the East Village, the Lower East Side, Tribeca, and the Financial District. In Brooklyn, representation extends to Flatbush, Crown Heights, Bedford-Stuyvesant, Bushwick, Williamsburg, Red Hook, Sunset Park, Bay Ridge, and Canarsie. In the Bronx, the firm works with clients from Mott Haven, Fordham, Tremont, Co-op City, Riverdale, and Morris Heights. Queens clients come from Jamaica, Flushing, Astoria, Jackson Heights, Forest Hills, Jamaica, Far Rockaway, and Long Island City. On Staten Island, the firm serves clients in St. George, Stapleton, New Brighton, and communities across the borough.
Beyond the five boroughs, the firm advises clients in Westchester County, Nassau County, and Suffolk County, as well as individuals who were convicted in New York courts but now live elsewhere and need to address a New York record from a distance. For matters requiring admission in other jurisdictions, the firm has obtained pro hac vice admission throughout the country, and the firm’s representation across the Southern and Eastern Districts of New York extends to federal matters that originate anywhere within those districts.
Speak With a New York City Expungement Attorney at The Law Offices of Jason Goldman
Record relief in New York is not a simple administrative process, and the consequences of a misstep, whether that is filing a premature petition, overlooking a disqualifying factor, or failing to anticipate the District Attorney’s opposition, can set back a client’s prospects significantly. Working with a New York City expungement attorney who has spent years inside New York’s criminal courts, understands how those courts exercise discretion, and knows the federal dimensions of state record questions is a fundamentally different experience from filling out a standardized petition without legal guidance.
The Law Offices of Jason Goldman offers selective, direct representation for clients whose record situations carry real stakes. Whether you are navigating the CPL 160.59 sealing process, trying to confirm that a marijuana conviction has been properly cleared, or exploring what options exist when sealing is unavailable, the firm will give you an honest assessment of where you stand and what is actually achievable. Contact the firm to schedule a consultation with a New York City expungement attorney who will treat your situation as what it is: a serious legal matter that deserves serious legal analysis.
