What felonies Cannot be expunged in NY?
Asked by: Estrella O'Conner I | Last update: September 12, 2025Score: 4.5/5 (43 votes)
Sex offenses, violent felonies, and serious felonies are not eligible for sealing.
Do felonies go away after 7 years in New York?
For a misdemeanor, records will be sealed three years after conviction or release from jail. For a felony, records will be sealed eight years after conviction or release from prison. Individuals must maintain a clean record and be no longer on probation or parole in order to qualify for record sealing.
How long is a felony on your record in NY?
At least 10 years have passed since you were sentenced for your last conviction or since you were incarcerated (whichever is later.) Any time you spent on probation or parole counts towards these 10 years, but time you served in jail or prison does not.
How do you remove a felony from your record in New York?
Except for some marijuana offenses, New York law does not provide for the “expungement” of criminal records. Instead, New York uses a process known as “sealing.” Under New York's sealing system, the record still exists but is hidden from the public. The sealing process offers many benefits.
What is the new clean slate law in NY?
Critical to employers in New York State, the Clean Slate Act prohibits employers from making any inquiry regarding automatically sealed convictions or making any adverse decision concerning an individual's employment based on automatically sealed convictions.
Record Eraser | What felonies cannot be expunged?
How do I know if I qualify for the Clean Slate Act in NY?
To be eligible for automatic sealing relief, individuals must have completed probation, parole or post-release supervision, and cannot have incurred any new convictions during the three or eight year waiting period. Sex offenses and non-drug Class A felonies are not eligible for sealing.
How long does a felony stay on record?
In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
How much does it cost to get a felony expunged in NY?
Most attorneys charge $2,000 to $5,000 for these services, and they often take more than a year to complete. The best way to see what you are eligible for is to take our free online eligibility test. Only in very limited circumstances does the state of New York provide for expungement of someone's criminal record.
Does your criminal record clear after 7 years?
Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.
How far back do criminal background checks go in NY?
Per New York state law, CRAs cannot report or keep in their files any conviction records, judgments, and paid tax liens more than seven years old, bankruptcies more than 14 years old, judgments that were paid within the last five years, or arrests that did not lead to a conviction (except for pending cases).
What happens if you get 3 felonies in New York State?
New York has a statute that mandates minimum indeterminate life sentences for those convicted of their third violent felonies. The minimum time that must be served depends on the severity of the third felony, and ranges from 12-25 years.
What states have the clean slate law?
Currently, 12 states have enacted some form of Clean Slate Law: California, Colorado, Connecticut, Delaware , Michigan, Minnesota, New Jersey, New York, Pennsylvania, Oklahoma, Utah and Virginia. Advocacy groups are lobbying to add the remaining states.
Does a felony stay with you forever?
A felony will stay on your record forever in California unless you choose to take action and get the conviction removed. This is called the “expungement process” and generally requires the help of a legal representative to get underway.
What is the statute of limitations on a felony in NY?
Like in most other states, there is no time limit to bring charges for crimes such as murder or crimes punishable by life in prison. But lesser felonies have five years statute of limitations, while most misdemeanors (but not all) are two years.
Does having a clean record help in court?
In most cases, having a clean prior record helps a defendant immensely, because it can be used to show the court that the situation in which they have found themselves is not consistent with their usual behavior.
How do I remove a felony from my record in New York?
You can ask the court to seal certain felony and misdemeanor convictions: If you have no more than 2 misdemeanors or no more than 1 felony and 1 misdemeanor conviction and have been crime-free for 10 years. Visit Sealed Records: After 10 years.
Which is better a pardon or expungement?
If you are pardoned for an offense, the government "forgives" you for your crime—but depending on the state, your criminal record may not be erased. On the other hand, if your record is expunged, it is "forgotten" for most purposes and likely sealed from public view.
What is the clean slate law in NY?
This law will automatically seal certain criminal records after a required waiting period – three years after conviction or release from jail for a misdemeanor and eight years after conviction or release from prison for a felony – provided they have maintained a clean record and are no longer on probation or parole.
What is a red flag on a background check?
A red flag in a background check is anything alarming or concerning about a person's past. This could be a history of breaking the law, lying about work experience or education, or other serious issues. However, not all red flags are the same. Some might be small and not that serious, depending on the job.
What is the 7 year look back rule?
The FCRA's seven-year rule restricts the reporting of certain types of information for jobs paying less than a minimum salary threshold. Additionally, several states have seven-year restrictions on reporting criminal convictions.
Are felonies permanent?
A felony conviction remains permanently on your criminal record under California law; however, there are ways to reduce the felony, get it dismissed, or get certified as rehabilitated and even pardoned.
Do federal felonies show up on background checks?
The federal employment background check process is conducted using the PACER database. PACER provides public access to more than one billion documents in federal courts. When conducting federal background checks, the results may include federal felony and misdemeanor convictions across all federal district courts.
How to recover from a felony conviction?
In California, expungement can offer a fresh start. It doesn't completely erase your record, but it can show that you've served your time and moved on. Record sealing is another option, making your record less visible to the public eye.
Does a felony always result in jail time?
However, it's a common misconception that all felonies automatically result in jail time. The truth is more nuanced. Under California law, judges possess considerable discretion in sentencing, allowing them to impose probation in certain cases instead of incarceration.