• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can a drug conviction ever get expunged?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

rowhiteny

Junior Member
What is the name of your state (only U.S. law)? NEW YORK

1. After some time, (can)is a felony conviction (be) expunged from the record? If so, what is the process?

2. Can a felony conviction ever be "blocked" or "hidden" or "sealed" access from a potential employer?

3. Is there a limit as to how many years an employer can go back in a criminal background search? (i.e. Is your debt to society ever paid after 5years or 7 years or 10 years? )
 


Here's the law (in part):

§ 160.50 Order upon termination of criminal action in favor of the
accused.
1. Upon the termination of a criminal action or proceeding against a
person in favor of such person, as defined in subdivision three of this
section, unless the district attorney upon motion with not less than
five days notice to such person or his or her attorney demonstrates to
the satisfaction of the court that the interests of justice require
otherwise, or the court on its own motion with not less than five days
notice to such person or his or her attorney determines that the
interests of justice require otherwise and states the reasons for such
determination on the record, the record of such action or proceeding
shall be sealed and the clerk of the court wherein such criminal action
or proceeding was terminated shall immediately notify the commissioner
of the division of criminal justice services and the heads of all
appropriate police departments and other law enforcement agencies that
the action has been terminated in favor of the accused, and unless the
court has directed otherwise, that the record of such action or
proceeding shall be sealed.
My read is that conviction of a felony cannot be sealed or expunged (question 1 & 2)

As for question 3? Your "debt to society" is paid when you have completed all of the terms of your sentencing. That doesn't mean that any particular company has to hire convicted felons.
 
Last edited:
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top