Suffolk County Expungement Lawyers

Here at Castro & Trodden, LLC, we recognize the profound impact a past conviction can have on every aspect of your life, casting a shadow that looms over your aspirations, opportunities, and dreams. That said, we are dedicated to meticulously exploring every avenue to wipe the slate clean and allow you to move on with your life. If you’re wondering about getting your record cleared, contact our dedicated Suffolk County expungement lawyers today so we can get started working on your case.

Expungement Lawyers: Here to Get You a Fresh Start

Though full expungement is not an option in New York, you can have your criminal record sealed (under certain circumstances), which, in turn, can give you a new lease on life, opening up opportunities that were previously closed. A skilled Suffolk County criminal defense lawyer from our legal team would be honored to take you through the expungement process and on your way to a bright, prosperous future.

Record Sealing Vs. Expungement

Many people use the terms “expungement” and “record sealing” interchangeably, but in reality, they are two distinct legal processes. Expungement is the complete erasure of a criminal record, as if the offense never occurred. Once a record is expunged, it is no longer accessible to courts, law enforcement, or potential employers. However, New York does not offer expungement for adult criminal convictions. Instead, the state provides the option of record sealing under specific conditions. When a record is sealed, it is no longer visible to most employers, landlords, and the general public, though certain government agencies and law enforcement entities may still access it under limited circumstances. Sealing a record can offer a fresh start, allowing individuals to move forward in life without the burden of a past conviction affecting their job prospects, housing opportunities, or reputation. While sealing is not the same as full expungement, it provides significant relief, helping to restore privacy and prevent a past mistake from dictating the future. Our firm is here to guide you through the record sealing process and ensure you take full advantage of the opportunities it provides.

Qualifying for Having Your Record Sealed in New York

Not all convictions are eligible for record sealing in New York. The state imposes strict guidelines on who may have their records sealed and under what circumstances. To qualify, an individual must meet the following criteria:

• Conviction Limit: You can only have up to two criminal convictions sealed. However, if you have more than two convictions that are related to the same incident, they may be treated as a single offense for sealing purposes.
• Eligible Offenses: Certain types of offenses, such as most misdemeanors and non-violent felonies, are eligible for sealing. However, serious crimes—including violent felonies, sex offenses, and Class A felonies—cannot be sealed.
• Waiting Period: At least 10 years must have passed, measured from the date of your conviction or your release from prison, whichever is later.
• No Pending Charges: You cannot have any new or pending criminal charges at the time of your sealing application.
• Rehabilitation Demonstration: The court may consider factors such as your behavior since the conviction, your contributions to society, and how sealing your record aligns with justice and rehabilitation.

What is the Process Like?

The record sealing process in New York is not automatic—it requires a formal application and judicial approval. Here’s what you can expect:

1. The first step is to assess whether your convictions qualify for sealing under New York law. This involves reviewing your criminal history and ensuring you meet the state’s criteria.
2. A motion for record sealing must be filed in the court where the conviction occurred. This motion should include supporting documentation, such as proof of rehabilitation, letters of recommendation, and evidence of good conduct.
3. The prosecutor’s office will be notified of your request and has the opportunity to object if they believe sealing is inappropriate.
4. A judge will review your motion and may schedule a hearing. At the hearing, your attorney can present arguments supporting your case, while the prosecution may argue against it.
5. The judge will make a determination based on your criminal history, personal progress, and the interest of justice. If the court grants your request, your record will be sealed, making it inaccessible to most employers and background checks.

While the process requires patience, the benefits of having your record sealed can be life-changing. Our expungement lawyers will handle every step, ensuring the strongest possible case is made on your behalf.

New York’s Clean Slate Act and Automatic Sealing

Separate from the petition process described above, New York’s Clean Slate Act took effect on November 16, 2024. Under this law, many eligible convictions are sealed automatically, without any application, after a waiting period measured from sentencing or release, whichever is later. The waiting period is three years for misdemeanors and eight years for felonies, and the person must have no new convictions and no pending charges. Unlike the petition process, Clean Slate does not limit how many convictions may be sealed. Sex offenses and most Class A felonies remain excluded. The court system has until November 16, 2027 to put automatic sealing fully in place, so a record that should qualify may not be sealed yet. Because the two paths have different waiting periods and eligibility rules, it is worth reviewing which one applies rather than assuming you face a ten-year wait.

Marijuana Convictions and Expungement

There is one significant exception to the rule that New York does not offer expungement. Under the Marihuana Regulation and Taxation Act, signed in March 2021, qualifying marijuana convictions are expunged automatically, with no motion to file and no fee. Expungement is stronger relief than sealing: the arrest, the case, and the conviction are treated as though they never happened. Expunged marijuana convictions also do not count toward the two-conviction limit that applies to petition-based sealing.

If Your Record Cannot Be Sealed

If your conviction does not qualify for sealing, a Certificate of Relief from Disabilities or a Certificate of Good Conduct may still help. These certificates lift many automatic employment and licensing bars, though the conviction remains visible on a background check.

Contact Our Suffolk County Expungement Lawyers

Here at Castro & Trodden, LLC, our expungement lawyers believe everyone deserves a fresh start. If you would like to speak with a seasoned attorney regarding the prospect of clearing your record, simply contact us for a free consultation today. We are here to be your number-one advocate, every step of the way.