CPS records can be a blemish on your record. These records affect careers, reputations, and relationships.
In this guide, we will outline how to get cps records expunged in NYC. We will cover the criteria you need to meet, any legal hurdles you may encounter along the way, and everything else related to expunging CPS records.
1. What Are CPS Records?
These are reports of child abuse or neglect that have been filed with the Office of Children and Family Services (OCFS). Even if these reports end up being unfounded, they still affect your life negatively. Because of this, New York is one state that provides a method for people to fight against these allegations.
2. Are CPS Cases Expungeable?
Yes! If you have an unfounded CPS report put against your name, then it is possible for you to get it removed.
According to Social Services Law Section 422(5), those who have false reports made against them can provide clear and convincing evidence that shows that the allegations made are false.
3. How Do You Fight Against A False Statement In A CP’s Report?
If someone has reported child abuse or neglect falsely, then their case will be expunged if they were charged with making a false statement report in violation of Penal Law 240.50(3).
This puts an emphasis on truthfulness when it comes to CP reports and how serious consequences come from making offensive claims.
4. The Role of Legal Representation
4.1. The Importance of Getting a Lawyer
Because CPS can seriously affect an individual’s relationships with children, custody proceedings, and professional opportunities, legal representation is incredibly important in such cases. It’s ideal for you to seek legal counsel whenever you face an “indicated” CPS finding.
4.2. What Is a CPS Defense Lawyer?
They represent individuals dealing with the New York City Administration for Children’s Services (ACS), County Attorney, and CPS as their advocate to protect against rights infringement. Their aim is to prevent indicated findings and, if that has already been determined, to clear the person’s name through Fair Hearings, written objections, and overturning the identified finding.
5. Steps to Expunge CPS Records
5.1. Gather Clear and Convincing Evidence
To delete records, collecting documents that wholly refute the allegations is essential. These mustn’t just be comprehensive but also artistically expressed so that claiming they are false won’t be taken lightly.
5.2. Grasp the Expungement Criteria
Understanding Social Services Law Section 422(5) will allow you to present evidence that meets the criteria for being clear and convincing; this proves that the allegations are baseless without question.
5.3. Combat False Statements
When someone who reported child abuse gets convicted of making false statements about it is great leverage in expunging records.
5.4. Seek Legal Counsel
Getting a consultation from a lawyer who specializes in family law for your specific needs ensures that all aspects of your case get considered properly by somebody who knows what they’re doing.
5.5. Prepare Written Objections
If an indicated finding has already been made on your case, then you need a trusted attorney to help you draft written objections; these must make it clear why accusations lack credibility while advocating for their annulment.
5.6. Participate in Fair Hearings
While an OCFS Administrative Law Judge is present, you can take the chance to present your case while standing firm on the fact that allegations are false.
5.7. Overturn Indicated Findings
A solid relationship with a CPS defense attorney could very well be the most important aspect of overturning indicated findings; following their guidance diligently in legal processes is vital so that you can clear your name and eliminate unfounded CPS reports from your record.
6. Frequently Asked Questions
6.1. Can I expunge my CPS records if the allegations were unfounded?
Yes, expungement is possible for individuals whose CPS reports were marked as unfounded here in New York. You must present clear and convincing evidence to the OCFS showing that abuse or maltreatment allegations aren’t true.
6.2. What kind of evidence is needed to delete CPS records?
To meet the criteria for being clear and convincing, written evidence must produce a strong belief in the falsehood of allegations without leaving serious or substantial doubt, which would only postpone results.
6.3. Will my CPS case be expunged if the person who reported abuse made a false statement?
Yes, if the person who reported abuse is found guilty of making a false report, it can be expunged. This is why it’s so important to be truthful in CPS reports and have legal ramifications for false accusations.
6.4. Do I need a lawyer to expunge my CPS records?
While you are not required to get representation by a lawyer, we highly recommend that you speak with a family law attorney who has experience dealing with CPS defense. With one by your side, you’ll receive invaluable guidance, rights protection, and help navigating the intricate process of CPS record expungement.
6.5. What role does a CPS defense lawyer play in the expungement process?
A CPS defense lawyer acts as your advocate when interacting with the County Attorney, APS, and ACS — they work hard so that there aren’t any findings made against you and will file written objections while fighting to overturn the ones that have already been made.
6.6. How long does the CPS record expungement process take?
Depending on the circumstances surrounding your case and what legal processes are involved — there isn’t really an exact timeline for how long this whole thing could take from start to finish.
All we want from you is that you’re prepared for potentially lengthy wait times and that while you sit around waiting, you work closely with your attorney in order to effectively navigate each step of the way.
Closing Thoughts
Expunging CPS records in New York isn’t easy — but it can be done! So don’t worry about anything just yet because once these allegations are proven wrong, things will start looking up very soon!
And if we’ve learned anything at all from our time spent doing all of this, it’s that:
- Understanding criteria
- Leveraging evidence
- Seeking legal counsel
These are three of the many essential components of this journey! They will tell us exactly what steps must be followed and how we should go about our business to reach the final goal.
It may be a long road ahead of us, but it’s worth every second of it!
Last Updated on by shubham
