1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just disappear?
No, the DNA records ordered expunged may be destroyed or returned to the person requesting the expungement or the attorney representing them. New York Consolidated Laws § 995-c.
3. What records may be expunged?
DNA records and any samples, analyses, or other documents relating to
the DNA testing of an individual in connection with the investigation or
prosecution of a crime which resulted in the conviction that was reversed
or vacated or for which the pardon was granted. New York Consolidated Laws
§ 995-c.
Youth offenders may have records expunged in the court’s discretion,
using the inherent authority of the court. Fam. Ct. Act § 373.3.
Youth offenders may have all fingerprints, palm prints, photographs,
and copies thereof, and all other information obtained in the case destroyed
under Fam. Ct. Act § 354.1.
There is also a procedure for sealing records when a criminal action
is terminated in favor of the accused. A sealing order under CPL §
160.50 includes all official records and papers, including judgments and
orders of a court but not including published court decisions or opinions
or records and briefs on appeal, relating to the arrest or prosecution,
including all duplicates and copies, on file with the division of criminal
justice services, any court, police agency, or prosecutor’s office. Sealed
records are not made available to any person or public or private agency
for general purposes, but may be unsealed in the interest of justice and
used in later proceedings and applications for licenses, certain employment.
4. Who is eligible for an order to expunge criminal records?
Persons seeking to expunge DNA records must have a conviction which
was later vacated, reversed, or pardoned. New York Consolidated Laws
§ 995-c.
A person fingerprinted pursuant to Family Court juvenile law and subsequently adjudicated a juvenile delinquent for a felony, except in the case of acts
committed when such person was eleven or twelve years of age which would
constitute a class A or B felony only, reaches the age of twenty-one, or
has been discharged from placement for at least three years, whichever
occurs later, and has no criminal convictions or pending criminal actions
which ultimately terminate in a criminal conviction.
Also, a youth whose action is subsequently removed to family court
pursuant to article seven hundred twenty-five of the criminal procedure
law has had all petitions disposed of by the family court in any manner
other than an adjudication of juvenile delinquency for a felony, but in
the case of acts committed when such person was eleven or twelve years
of age which would constitute a class A or B felony only. Also, when the
presentment agency declines to initiate a proceeding or a law enforcement
agency declines not to prosecute a youth after fingerprints have been taken,
they are eligible to have records expunged. Fam. Ct. Act § 354.1.
5. How do I get records expunged?
In all the above cases of persons eligible for expungement, the expungement is to be made as a matter of law. In the case of youths seeking to have records expunged under the inherent authority of the court, a motion to expunge must be made.
