Criminal Defense Drug Possession

Can I Get New York Record Expungement?

Can I Get New York Record Expungement?
Edited by Saul Bienenfeld

Unfortunately, New York does not allow a person to have a felony or misdemeanor conviction expunged or sealed. There is one exception for those who were convicted of certain drug possession charges and received a drug treatment program as part of their sentence; these cases can often be sealed.

There are also a legal ways to have some or all of your rights restored in New York. 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. There are some infractions that the court in New York automatically expunges you for. If you were found guilty of any traffic infractions or cases classified as violations, such as a disorderly conduct charge, they will be expunged automatically. Misdemeanor and felony convictions are not allowed to be expunged. 

A special provision exists only for the expungement of some DNA records. This situation could only happen if the DNA was taken because of a felony or misdemeanor conviction, and the conviction was overturned during the appeals process, or if a pardon was granted, or the conviction was vacated by the court. Also, DNA records obtained in correlation with a plea agreement have the chance to be expunged. On the other hand, the records that are related to the conviction or plea agreement are not allowed to be expunged.


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Saul Bienenfeld

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