How to Seal A Criminal Record/Case

New York State recognizes something we all know- that one mistake should not ruin a person’s future forever. And while there is a need for punishment and retribution when a person commits a crime, certain petty crimes are not worth hanging over someone’s head for the rest of their lives. This is why New York State allows certain criminal records to be sealed after disposition under CPL §160.59; so that with the exception of certain federal and law enforcement agencies, they are hidden from the public.  

*New York State does not have laws in place to expunge- or officially destroy- records, except for Unlawful Possession of Marijuana in the 1st and 2nd Degrees (PL 221.10 or .05). As of August 28, 2019, these cases are automatically expunged once the case is finalized. 

Seal- To seal a criminal record means that it becomes unavailable for public viewing with certain exceptions, and your fingerprints, palm-prints, photographs from booking and DNA samples, if any, are returned to you or destroyed. The remaining record of the case is NOT destroyed; it is merely “hidden” from view. There are still certain agencies that would have access, as I will discuss below; but this process effectively seals the record from the general public forever.

Some cases are automatically sealed when the case is finished; such as:

1. Any case that ends with a favorable disposition or positive result, such as an Acquittal (Not Guilty) or Dismissal, if the police or prosecutor decline to move forward against you (Nolle Prosequi) or the Judge changes or cancels the verdict after you have been sentenced;

2. Any case wherein the crime was committed by a child between the ages of 7 - 18;

3. Any case wherein the crime is committed by a child over the age of 16 but under the age of 18 (youthful offender); and

4. Minor traffic infractions and violations, such as trespassing or disorderly conduct.

These matters are automatically sealed after disposition and there is nothing else that needs to be done. *If you’ve had one of these cases and it is still viewable by the public after disposition, you can request a Certificate of Disposition from the court and send that original to the New York State Department of Criminal Justice Services (DCJS) with a letter requesting that they correct the mistake and seal the case.

The important thing to remember is that being eligible does not guarantee that your record will be sealed. There are certain requirements for cases that did not end with a good result and you must qualify under these requirements in order to be eligible:

1. You have been crime-free for more than ten (10) years after sentencing;

2. You have no more than two (2) criminal convictions; AND

3. Of those criminal convictions, you have no more than one (1) felony on your record.

*If your criminal conviction is related to a drug offense, you are eligible to seal your records if you have successfully completed a Drug Treatment Program.

If you meet the criteria above, you can apply by doing the following:

STEP 1: Complete the Request for Criminal Certificate of Disposition for CPL 160.59 Sealing Application and submit it to the appropriate clerk of the court. 

STEP 2: Once you receive your criminal Certificate of Disposition from the court, complete the Notice of Motion and Affidavit in Support of the Sealing Application

STEP 3: Serve the Notice of Motion and Affidavit in Support upon the District Attorney of the applicable county. 

STEP 4: Once the District Attorney has been served, complete the Affidavit of Service. 

STEP 5: File all pages of your Sealing Application and any supporting documentation with the appropriate court.

*If you will be asking the court to seal more than one conviction that may or may not be from different counties, you must complete a separate Application for each case, serve the District Attorney of each applicable county with copies and complete a separate Affidavit of Service for each one served. 

-To confirm that the change was appropriately made to your criminal history record, complete a Request for CPL 160.59 Seal Verification Form and send that to the DCJS along with a copy of the signed court seal order to receive verification

The Application, instructions to fill it out and other helpful tips can be found HERE.

You must keep in mind that while sealing your record keeps it hidden from view by the general public, it is still viewable to the following:

• You, as defendant, with appropriate photo ID;

• Anyone you authorize on your behalf, with appropriate photo ID;

• An employer for a job for which you apply that requires you to possess a firearm;

• Any city or state agency processing the application for a firearm;

• Your parole or probation officer, if applicable; and

• Any law enforcement agency upon the appropriate request to the court.

Convictions for the following crimes are NOT eligible to be sealed:

1. Sex offenses as defined in Penal Law Article 130;

2. Any offense requiring registration as a sex offender;

3. Sexual performance by a child as defined in Penal Law Article 263;

4. Class A felonies;

5. Violent felonies as defined in Penal Law §70.02;

6. Felony attempt and/or conspiracy to commit an ineligible offense.

Additionally, while not common in New York, some states allow the unsealing of criminal records in certain cases wherein a particular crime was committed. Stalking, harassment and menacing cases could require a criminal record to be unsealed; and in Massachusetts, any case wherein a custodial parents’ criminal record would affect the custody and/or visitation of a child involved in a divorce or separation of their parent(s).

If you are not eligible to seal your criminal record or a specific case, there are other ways to still get some of your rights back. You can request a Certificate of Relief from Disabilities, or a Certificate of Good Conduct from the Department of Corrections.