Legal Question in Criminal Law in New York

seal record/expungement

My boyfriend was arrested over five years ago for a felony 2nd degree assault. There was no trial and he pleaded to a misdemenor assault 3rd degree, he served three months in jail. He was not put on probation after. He had two dui's before this charge only one for which he served time. His record is ruining our lives, he has straightened out his life since then and it is preventing him from getting good jobs. We live in nj and i know there is expungement here, but i tried to find out what i could do in new york, and when i called the criminal division of the county courthouse where he was arrested they said ''there is no such thing as expungement'', and that ''once you have a record you have a record''. Is this true? is there no way to seal his records and stop the mistakes of his youth from limiting his potential and our chance at having a better life? He wanted to serve his country and they wouldn't take him because of his past, eventhough he is in supreme physical condition and scored high on his tests. Please tell me, is there hope? If not in new york, how about on a federal level? It is not fair that some people get second chances and others, perhaps more deserving, do not. Thank you for your time.


Asked on 3/05/05, 12:10 am

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: seal record/expungement

In New York State, the vocabulary is 'seal'. You can petition to 'seal the record'.

This is not a 100% slam-dunk option, but it is possible.

My fee for such an action is $500.00.

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Answered on 3/07/05, 3:24 pm
Gary Moore Gary Moore Attorney At Law

Re: seal record/expungement

A felony conviction in New Jersey is eligible for expungement ten years after the last event whether it is the sentencing, payment of fine, completion of the sentence and/or probation or parole.

An expungement means that an order is issued barring the release of any information as to the conviction to anyone outside of law enforcement and the person is authorized to tell the rest of the world that he has no criminal record. The record exists only for that situation where the person gets into trouble again.

Gary Moore, Esquire

Hackensack,New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 3/05/05, 9:12 am


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