New York Criminal Conviction Sealing Frequently Asked Questions
When a person is convicted of a crime, their criminal record is available to the public. This means that the public can access the court papers, your mug shot, and details regarding the arrest. Anybody doing a criminal background check will find the information, including potential employers and current employers. A sealed record is a record which has hidden the information about the court proceedings and your overall arrest from the public.
Are Sealing and Expungement the Same Thing?
When a record is sealed, this means that the criminal conviction has been hidden from the public. It won’t be found on public databases, and it won’t come up during a criminal background check. That said, it’s possible for people to access information about the criminal conviction if they are part of the military if you enlist, the courts, law enforcement, or agencies that issue licenses for firearms.
Expungement completely erases a conviction from your record. New York state does not offer expungement of criminal records as an option.
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(212) 300-5196How do you get a conviction sealed?
The first step for the sealing of a conviction is to file an application at the criminal court where you were convicted in the first place. The application needs to include a sworn statement that you have written which includes the reasoning behind why you need the conviction to be sealed.
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Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
After being convicted of a misdemeanor drug possession charge five years ago, Maria has turned her life around and completed a substance abuse program. She recently applied for a nursing position at a hospital but was rejected after the background check revealed her criminal record.
Can I get my criminal conviction sealed in New York so it no longer shows up on background checks?
Under New York's Criminal Procedure Law Section 160.59, you may be eligible to have up to two convictions sealed, provided no more than one is a felony. Since your misdemeanor conviction occurred more than five years ago and you have demonstrated rehabilitation, you likely meet the statutory waiting period and other criteria for sealing. Once sealed, the record would be hidden from most background checks, including those conducted by private employers, though certain entities like law enforcement and licensing boards may still access it. I would recommend filing a motion with the court that handled your case and presenting evidence of your rehabilitation, including your completed treatment program.
This is general information only. Contact us for advice specific to your situation.
The prosecution has the right to object to a sealing. In certain circumstances, like those in which the prosecution objects, there might be a hearing in which your sealing lawyer will need to argue the case for sealing to the judge. In other circumstances, there won’t be a hearing. The judge will review your application, take into consideration a number of relevant factors, and make an executive decision.
