Can a class D non-violent felony get expunged in the State of New York? 2 Answers as of February 07, 2011

I have a class D non-violent felony, but never went to prison, served probation only without a PO, just kiosk scan once a month during probation. First and only offense. Can a class D non-violent felony get expunged in the State of NY? Also how would that affect my naturalization papers? Please advise.

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Law Offices of John Carney
Law Offices of John Carney | John Carney
There is no expungement statute in New York. Some states like Tennessee allow a conviction to be expunged under certain circumstances, but in New York you can only make a 440.10 motion to "vacate" a conviction if there was something improper about it. You attorney must allege that there was some violation of due process or illegality and ask the judge that sentenced you to vacate the conviction. This is very rare and can be expensive, and there is not guarantee that the court will actually vacate the conviction. If you want to become a naturalized citizen with a felony conviction you must retain an experienced immigration attorney. It is difficult to become a citizen with a felony conviction, but it depends on what you were convicted of and how old the conviction is.Feel free to call for a consultation.
Answer Applies to: New York
Replied: 2/7/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
First this response is general information only and does not establish an attorney client relationship. However , I would need further information as to what the felony is , ow long ago it was etc, but it is possible in general to get a nonviolent class D felony expunged. If it is expunged that should only affect your naturalization papers in a positive way.
Answer Applies to: New York
Replied: 1/31/2011
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