Can My Friend Get His Record Expunged?
Question by : Can my friend get his record expunged?
I feel bad for my friend. He’s been trying so hard but he can’t land a decent job because of his criminal record. I want to help him, but I can’t really think of any way other than helping him to get his record expunged. Only I don’t know much about the law, so I’m not sure if it’s even possible. I don’t want to bring it up unless I know for sure he could get it expunged. He did time for a felony when he was 17. He had an arrest before that, there was jail time but no conviction (like he didn’t get sentenced to prison time) because he was under suspicion of committing another violent felony. That was when he was 14. So he has an arrest from when he was 14 and a conviction from when he was 17, that he was tried as an adult for. We’re in New York State if that matters (he was also arrested + sentenced in NY). So do you think it’s possible for him to get his record expunged? If not, how else can I help him?
Thanks,
Anthony
Best answer:
Answer by lillyma
NYS Division of Criminal Justice Services:
“New York State law does not allow for expungement of adult arrest records (those based upon criminal incidents when the individual was 16 years of age or older). However, a record related to an arrest that resulted in a dismissal of the charge or an acquittal may be sealed. A sealed record can be released only for limited purposes, such as if an individual applies for a pistol permit or for employment as a police or peace officer. Additionally, a sealed record may be released to parole or probation if you are under supervision.”
By law, you are eligible for a Certificate of Relief if you have not been convicted of more than one felony.
NYS Division of Parole:
What effect does a Certificate of Relief have on my status?
A Certificate of Relief may remove any mandatory legal bar or disability imposed as a result of conviction of the crime or crimes specified in the certificate. The Certificate of Relief does not, however, enable you to retain or become eligible for public office. Note that removing mandatory legal bars restores your right to apply and be considered for employment or license, but does not guarantee it will be granted.
A Certificate of Relief issued to you upon release or once you are on parole supervision is a temporary certificate. This certificate becomes permanent when you are discharged from supervision. While it is temporary, the certificate may be revoked by action of the Board of Parole.
Hope this helps.
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