When Can I Get An Expungement?


Facing criminal charges is difficult and may leave you wondering if you have any options to mitigate the damage of being convicted of a crime will have on your life. You may find it difficult to get a job, buy a house, or even apply to college. Fortunately, not all criminal records are permanent. Some are expungable, which means that the charge will no longer appear on your record. 

You may be eligible for the expungement of your conviction: 

If the Charges Were Dismissed  

A case can be dismissed with or without prejudice, meaning that the charges against you have been dropped either permanently or temporarily. A dismissal with prejudice indicates that the case is permanently closed, while a dismissal without prejudice leaves the window open for the prosecution to charge you a second time. Even if your case is dismissed, you must act to have it expunged for it to come off your criminal record.

If the Court Did Not File Charges

If you weren’t charged by the court after being arrested, you may think there’s no reason to have your records expunged. Unfortunately, even arrests are on that record, including information about what you were arrested for and that it was sent to the District Attorney for prosecution, even if the arrest was false or made in error. That said, these records are typically simple to have expunged since no charges were actually filed. 

If Your Appeal Is Successful and Your Conviction Reversed  

If your conviction was reversed after going through the appeals process, it may be possible for the action to be expunged from your criminal record. This means that a higher court has decided that your conviction was erroneous and has instructed the lower court to dismiss or retry your case. Not all criminal offenses are eligible for expungement, but you may have the option to have the records sealed. 

How to Get Legal Support When Seeking an Expungement    

Being convicted of a crime seems like a life sentence, and you may be worried that your criminal record will follow you around forever. This may not be the case, and you may be eligible to have your records sealed or even expunged. 

Scott Cerbin is an experienced New York criminal defense attorney that can help. Contact our office today to book your consultation at 718-596-1829

By : First Page Attorney | April 22, 2021 | Case Results

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I am attorney Scott G. Cerbin, Esq., and my firm is located in downtown Brooklyn near the Borough Hall and Jay Street stops. The Law Office Of Scott G. Cerbin, Esq., PLLC, offers free initial consultations to individuals living within all five New York City boroughs. You can reach me at any hour of the day or night, regardless of the complexity of your issue.

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