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New York legal term

Expunge in New York Criminal Law

Current through 2026 New York legislative session

In New York criminal law, “Expunge” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the New York criminal code.

What does “Expunge” mean in New York criminal law?

"Expunge" means, where an arrest and any enforcement activity connected with that arrest, including prosecution and any disposition in any New York state court, is deemed a nullity and the accused is restored, in contemplation of the law, to the status such individual occupied before the arrest, prosecution and/or disposition; that records of such arrest, prosecution and/or disposition shall be marked as expunged or shall be destroyed as set forth in section 160.50 of this chapter. (N.Y. Criminal Procedure Law § 1.20)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.