Applying for a new job or apartment already comes with enough paperwork. The last thing you want is a surprise on a background check, especially if it’s connected to a case you thought was behind you. So, can a criminal charge be expunged? Sometimes. The answer depends on where the case was handled and how it ended.
Since so many of us are here in New York, I wanted to break down what record sealing means here and where you can start if something on a background check doesn’t look right. It’s a question that affects a lot of people. The National Center for State Courts estimates that 20 to 30 million people in the U.S. qualify for some form of record relief, and fewer than 10% receive it.
What happens to your record if the charges were dismissed?
A charge is a formal accusation. A conviction can follow a guilty plea or a finding of guilt. How the case ended matters when you’re trying to figure out what can happen to the record.
In New York, cases that end in dismissal or acquittal are generally sealed automatically. If a dismissed case still appears on your official state criminal history, you can ask the court that handled the case to check its sealing status. New York Courts explains how to correct a mistake on your criminal record.
Is sealing the same as expungement?
In New York, sealing generally keeps a record out of public view while allowing access in certain circumstances. Expungement is a different form of record relief. New York generally uses sealing, with expungement available for certain marijuana offenses. You may also see terms like vacatur or set-aside, which can refer to undoing a conviction under specific rules. The effect of each process depends on the law that applies. New York Courts’ guide to sealed criminal records explains the rules here.
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Can a conviction be sealed in New York?
Some New York convictions can be sealed. Eligibility depends on the type of conviction, the time that has passed, and other factors. New York’s Clean Slate Act provides for automatic sealing of eligible convictions, and the court system has until November 16, 2027, to finish implementing it. If you’re trying to find out whether a specific conviction is already sealed, start with the instructions on the New York Courts Clean Slate page.
Can a criminal charge be expunged in federal court?
Federal cases follow separate rules. One narrow federal provision allows someone who was under 21 at the time of an eligible simple drug possession offense to apply for expungement after a qualifying disposition. The requirements are spelled out in 18 U.S.C. § 3607.
If you’re unsure which court handled a case, look for the court name on your paperwork. For an example of a case handled in federal court, see the Law Offices of Robert Tsigler, PLLC’s NYC federal bank robbery lawyer page.
What can you do if an old case shows up on a background check?
I’d start by finding out where the information came from. An error on your official New York criminal history and an error on a private background report have different routes for correction.
- If it’s on your official New York criminal history, contact the court that handled the case and ask about a Certificate of Disposition. That document shows how the case ended. The court clerk can help you check whether the record was sealed, and the New York Courts correction guide explains how to request a correction.
- If it’s on a private background report, get a copy of the report and dispute the inaccurate information with the company that prepared it. Keep a copy of what you send and any response you receive. The Consumer Financial Protection Bureau’s guidance on background screening explains how screening companies should handle sealed or expunged records.
If you came here wondering, “Can a criminal charge be expunged?” because something showed up during a job search or apartment hunt, start with the report in front of you. Find the company or agency that issued it, then pull together any paperwork that shows how the case ended. That gives you something concrete to work from when you ask for a correction.
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This post is for general information. A qualified attorney can advise you on your specific circumstances.
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