Read N.Y. CPL Law § 160.50 when the issue is order upon termination of criminal action in favor of the accused. It is the sealing that follows a favorable end to the criminal case. The statute says: “t shall be required or permitted to waive eligibility for sealing or expungement pursuant to this section as part of a plea of guilty, sentence or any agreement related to a conviction for a violation of section 222.10, 222.15, 222.25 or 222.45 of the…”
N.Y. FCT Law § 783 deals with use of records in other court; expungement of records. The subsections are what a petition has to satisfy.
The petition and the sections next to it
Where petitions fail
In the Matter of Bryant W., 114 A.D.2d 962 (1985) is worth reading in full. The opinion puts it this way: “Following the dismissal, appellant moved for an order expunging certain records related to the proceeding and declaring his arrest a nullity.”
In the Matter of Dennis B., 104 Misc. 2d 166 (1980) is worth reading in full. The opinion puts it this way: “Likewise, the records of the clerk of the Family Court, Kings County, are ordered expunged since all of the above records serve no legitimate societal purpose.”
Read in this order
- Open N.Y. CPL Law § 160.50 and read the part on order upon termination of criminal action in favor of the accused. Everything else in the filing has to fit that section.
- Ask the clerk which local form that New York county uses, then check the form against N.Y. CPL Law § 160.50.
- Then read In the Matter of Bryant W., 114 A.D.2d 962 (1985). That is a New York court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in New York?
N.Y. CPL Law § 160.50 deals with order upon termination of criminal action in favor of the accused. It is the sealing that follows a favorable end to the criminal case. The statute says: “t shall be required or permitted to waive eligibility for sealing or expungement pursuant to this section as part of a plea of guilty, sentence or any agreement related to a conviction for a violation of section 222.10, 222.15, 222.25 or 222.45 of the…”
How have New York courts ruled on expungement and sealing?
In the Matter of Bryant W., 114 A.D.2d 962 (1985) “Following the dismissal, appellant moved for an order expunging certain records related to the proceeding and declaring his arrest a nullity.”
County practice in New York can add a local form. It cannot replace N.Y. CPL Law § 160.50.