How do I remove a criminal charge from my record?
The past couple of weeks on our weekly segment on K- Rock Syracuse, listeners have called asking about having criminal charges removed from their record because it is difficult to do things like obtain a particular job, or have a hobby like hunting.
The short answer is it is very difficult if not impossible to do. Hence, the phrase “Permanent Criminal Record.” However, to show that we are always thinking about how to best service those that come to us for advice, we should tell you that its not entirely impossible. The criminal case would have to be reopened. However, the criminal case can only be reopened in certain circumstances by statute. Simply removing a conviction from your criminal record is not a reason allowed under the statute to reopen the case. In addition, even if you have a valid reason under the statute, you should know the the case will commence from the beginning. As such, you risk conviction and sentencing on the original charge. This is not only costly and time consuming, but generally, very risky because if convicted, you may go to jail.
For particular circumstances, such as professional licensure or a hunting license; you can apply to the court for a Certificate of Relief from Disabilities.When you apply for a job or a license and you have a Certificate of Relief from Disabilities, an employer or licensing agency must consider it as evidence that you are rehabilitated. This means that your conviction should not result in your being rejected for employment or refused a license unless there is other evidence that you are not qualified.
You can apply for a Certificate of Relief from Disabilities with one or more misdemeanor convictions, and one felony conviction. You can also apply for a Certificate of Good Conduct if you were convicted of two or more felonies. But, you must wait a certain amount of time; If your most serious conviction was for a “C,” “D,” or “E” felony, you must wait at least 3 years from the date of your last conviction, payment of fine, or release from prison. If your most serious conviction was for an “A” or “B” felony, you will have to wait at least 5 years from your last conviction, payment of fine, or release from prison.
The Legal Aid Society has more information on applying for these certificates at:
Click here to find out how to apply for a Certificate of Relief from Disabilities
Any criminal conviction can have a drastic affect on the rest of your life. If you are charged with a crime, it’s vital to seek the advice of an experienced, knowledgeable attorney that routinely handles criminal matters. If you are charged with a crime in the state of New York we urge you to CONTACT US ONLINE before you make a decision about how to resolve your case or give us a call 315-701-2939.