Expungement in NYC Crimes Lawyers
Why Expungement Matters in New York City
Living with a criminal record can create immense difficulties and prevent a person from achieving success in various areas of life. This has become an increasingly prevalent problem in recent years due to technological advances that have made information readily available. However, several solutions, such as expungement, exist to help individuals overcome the negative effects of a criminal history.
What is Expungement?
Expungement is the legal process of erasing criminal records from public databases permanently. Essentially, this means that past criminal activities will not be revealed during background checks or admissions screenings. It offers people another chance at starting over without being judged for their previous mistakes.
The Benefits of Expungement
Expungement presents multiple benefits, including but not limited to:
Increased Job Opportunities: Many employers use background checks to screen candidates before hiring them. A criminal record can hurt one’s chances, even if the crime was committed a long time ago or seems irrelevant to the job requirements.
Avoiding Discrimination: Landlords, loan officers, and college admission boards also frequently perform background checks. If someone carries a criminal record, they might face discrimination in these areas as well.
Eliminating Social Stigma: Having a criminal record often comes with significant social stigma and ostracization that can lead to alienation from society. By expunging the record, individuals can avoid this completely.
Expunction Alternatives Available
Currently, expunction does not exist under New York state law. However, there are other options available that mitigate the negative effects of having a criminal record:
Sealing Convictions
A person may have their conviction sealed under certain circumstances. While it doesn’t erase past crimes entirely, it does make records inaccessible to most employers and landlords.
Certificates of Relief from Civil Disabilities
Individuals may receive certificates of relief if specific criteria are met. These certificates enable restoration rights lost due to convictions years after sentencing.
Certificate of Good Conduct
Those convicted of crimes may obtain certificates of good conduct after completion of probation or parole, indicating that they are unlikely to re-offend. This certificate can help demonstrate that the person is rehabilitated and more significant for work opportunities challenging.
How Can a Criminal Defense Lawyer Help?
It is essential to speak with a criminal defense attorney if you have been convicted of a felony in NYC. An experienced lawyer can assist in advocating for individuals’ rights and pursuing options like sealing of convictions or obtaining a certificate of relief from civil disabilities. Attorneys are also responsible for keeping up with legal developments and advising clients on new legal provisions that might apply to their cases. Although expungement seems contentious, providing people second chances, a skilled lawyer will pursue alternatives so that everyone has the chance to create the life they deserve.
Sealing Records According To Conviction Type
DUI Records Sealing
Individuals may have DUI records sealed if certain criteria are met, making them unavailable to potential employers or landlords.
Domestic Violence Cases
People whose domestic violence charges result in convictions can get their records sealed from public view but remain available for other purposes (excluding some violent felonies).
Felony Charges
Individuals convicted of certain felony charges can apply to have their records sealed except for specific excluded sex offenses. Some violent felonies or crimes against children cannot be deleted from their record because they remain ineligible.
Conclusion
Expungement encourages second chances and enables individuals with criminal histories to move beyond it entirely. New York State does not currently support expunction. However, there are options which can mitigate its effect.Criminal defense lawyers stand by people’s side throughout the legal process helping them regain control over their lives. By collaborating with experts such as these attorneys and exploring other alternatives available, including sealing/Domestic Violence/Felony charges one’s record depending on conviction type, anyone who has had a criminal record can prevent it from standing in the way of their future success.
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