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Getting a criminal case expunged in New York

New York, NY |

My name is Josh and I have a criminal justice question for a willing lawyer. I am taking criminal justice in college. My question is I know you can only get violations, juvenile records and dismissed cases sealed, but how about if you petition the court to have it removed. I know the only real way is if Governor Cuomo would pardon someone.
FYI I never was arrested.
Thank You

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Attorney answers 7


New York is not an expungement state.


Pardon is the only option. There is no expungement in New York.

I have been a criminal attorney in New York for almost 25 years. website: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.


New York does not expunge.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


Expungement is a priority for NYSBA, and it has been presented to the legislature. Contact your legislature and encourage others for passage of a limited expungement. Support of the movement can be found at:


A pardon is a person's only option as New York has no expungement. Another possibility would be for someone to file a motion to vacate their conviction based on specific legal or factual grounds.

(585) 325-4445 Mr. Napolitano is an experienced attorney with a focus on criminal defense, traffic and DWI/DUI. His response to your question is general in nature, as not all the facts or circumstances are known to him. You should retain an attorney experienced in your area to review your case in order to receive advice specific to your situation. The statement above does not create an attorney/client relationship.


There is no expungement in NYS.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


You can do a 440.10 motion to vacate if it was improper or there are grounds such as new evidence of guilt.

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