How can i get a felony drug charge expunged in new york state?

Asked over 4 years ago - Cortland, NY

charge was for criminal sale of marijuana in the second degree. plea agreement was for a one year local jail interment. has since been 5 years and is impairing financial aid and my ability to travel to canada and further

Attorney answers (2)

  1. Donalda Jean Gillies

    Contributor Level 14

    Answered . There is no expungement in New York.

    You can apply to the sentencing judge for relief from civil disabilities, which may alleviate some of the collateral effects of your felony conviction. I can't say whether it will help in terms of either financial aid or travel restrictions.

    DISCLAIMER: This answer to a short question is provided solely for general informational purposes and is not intended to provide the specific legal advice you might need to decide your future actions. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

  2. Liam Gorman Brenndon Murphy

    Contributor Level 11

    Answered . I agree. I am not sure that a Certificate of Relief from Disabilities will cure either of these problems. As to the financial aid issue, my understanding is that problem is caused by a federal law that states conviction of a drug offense disqualifies you for financial aid. As to the ability to travel to Canada, I believe that issue arises because of Canadian law.

    It might be possible to seek a pardon from the Governor, but you should expect the process to be long and expensive.

    Disclaimer: We are providing this general reaction to your question for discussion and informational purposes only. This answer is not intended to be legal advice and providing this answer or your reading it does not create a lawyer-client relationship: we create such relationships only when there is signed a retainer agreement with this Firm.

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