Can a felony in NYC can be reduced to a lesser crime after a conviction.

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Can a felony in NYC can be reduced to a lesser crime after a conviction.

I was convicted of a crime that I never comitted. After 5 yeras of probation I am now in college and find it difficult to find work. I was only 19yrs old when convicted. I asked a professor in buisness law and i was told to search this site. Is ther anything I can do??

Asked on June 1, 2009 under Criminal Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately you cannot expunge a felony conviction in New York. However what you can do is file for Relief from Civil Disabilities. This is a proceeding which you file normally before the Court in the County you were convicted seeking to have the impediment which a felony causes removed for certain purposes.  You have to prove to the Court that you the actions for which you were convicted are a thing of the past, that they were aberrational and that you have grown as a person. If it is granted, you would be allowed to vote, carry a gun, other liberties prevented from felons and you can present this to the employer which may be specific.  If you are interested, I suggest you contact a criminal attorney in the locality where the Conviction was rendered

M.H., Member, California Bar / M.H., Member, California Bar

Answered 12 years ago | Contributor

 

New York Criminal Procedure Law 160.50 permits the "sealing" of cases where charges were dismissed, vacated, set-aside, not filed, or otherwise terminated. Otherwise, New York does not allow expungements, or "sealings," of cases where a conviction was entered, except for some older controlled substance, marijuana, and loitering offenses. Sealing a record under 160.50 will prevent the public from having access or seeing the records, including fingerprint cards, photographs, court entries, and other information related to the case. The record may still be made available to some entities, such as courts and law enforcement.

New York also permits the expungements of non-criminal dispositions (violations and traffic infractions) through New York Criminal Procedure Law 160.55. Misdemeanor and felony adjudications are not eligible.  Although I have not researched the issue, it may be possible for you to obtain a pardon from the governor, and thereby remove the conviction.  There is no other way.


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