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New York and NYC Expunge Criminal Records Lawyers
June 4, 2024 NYC Criminal Defense Lawyers
Understanding Expungement: A Guide to Clearing Your Record
Introduction
Having a criminal record can lead to all sorts of hardships in your life. Unlike points on your driver’s license, criminal records will not simply disappear in a few years. As a result, it can become difficult to find employment, rent a home, or even travel abroad.
What is Expungement?
The term “expungement” refers to process of either sealing or erasing criminal records. Almost all states have laws that allow for the expungement of arrest and conviction records. While details often vary between jurisdictions, most laws state that expunged records need not be disclosed to landlords or employers.
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Determining Eligibility for Expungement
Since expungement is the closest a person will likely get to a “fresh start,” it’s important to understand how these procedures work in your state. More specifically, you will need answers to the following questions:
- Is the offense in question eligible? Some jurisdictions only allow expungements for arrests and misdemeanor convictions, with no consideration given to felonies.
- When does eligibility begin? Sometimes an expungement is only available upon finishing one’s sentence, including probation.
- What does the process involve? You may not need an attorney, if your court has the proper forms available.
- How does your state define expungement? Sealing records and expunging them are technically two different processes. However, the two terms are sometimes used interchangeably. It would be best to know whether your state uses the term “expungement” to describe a process that involves merely sealing records or actually destroying them.
- Are there any consequences of expungement? You’ll need to know whether there are any circumstances under which an arrest or conviction might still show up. If the records are merely sealed, this could be a possibility.
Alternatives to Expungement
If your situation makes you ineligible for expungement, there are some alternatives that may be worth looking into.
- Sealing your records removes them from availability for public inspection. As with expungement, you are allowed to declare that you have no conviction. The process of getting a record sealed varies, depending on the state you’re in.
- A pardon won’t necessarily seal or expunge your record. It also will not allow you to state on an employment application that you have no convictions. However, it may restore certain rights that would otherwise be lost, such as your right to bear arms or serve on a jury.
- A Certificate of Rehabilitation is essentially a court order stating that you have been fully rehabilitated. It can help you get back certain rights that would otherwise be lost, due to the conviction. In some states, a Certificate of Rehabilitation serves as an automatic application for a pardon.
- A Certificate of Innocence actually goes a step further than expungement. This document certifies that you were innocent and should never have been arrested in the first place. The laws vary and in some states you may not be eligible for the certificate if your record has already been expunged.
The Expungement Process
The actual expungement process involves the following steps and considerations:
- Are you eligible? First you need to visit your state’s courthouse or website and determine what the requirements are. Each situation is different and it could take some time to determine your eligibility. Ask your attorney if there was any agreement by the prosecutor not to oppose future expungement.
- Obtaining records. You will need copies of your criminal record and possibly other court-related documents, depending on the laws of your state.
- Paperwork and fees. Some states require you to file a petition for expungement with the courthouse. There will also be a fee involved, after which you’ll have to wait until the court processes your paperwork. Make sure you fill everything out properly, as small mistakes can lead to lengthy delays in the process.
- The hearing. Once the court is done with your paperwork, you may receive a hearing date. If not, you’ll probably have to request one yourself. The hearing is your opportunity to discuss your expungement with a judge.
Special Considerations
In some states, juveniles and drug offenders may have an easier time getting their records expunged. With regard to drug offenses, some offenders are eligible for diversion programs that provide for expungement upon completion. Juveniles may have an advantage because their crimes were committed before reaching the age of 18.
Hiring an Attorney
The expungement process can be lengthy and arduous. For this reason, Hiring an Attorney is usually a good idea. Even cases that seem straightforward can become complicated when they involve expungement. If you cannot afford an attorney, a public defender can also help you navigate the process.