new york sealing

Sealing Criminal Records in New York

Having a criminal record closes a lot of doors. Your past mistakes make it harder to get a job, rent an apartment, or apply for loans. Thankfully, New York allows record sealing in some cases. This clears your public record and gives you a clean slate.

Read on to learn if you qualify to seal a New York conviction, and how the process works.

What is Record Sealing?

Sealing hides a criminal case from public view. Most employers and landlords won’t see it on background checks. It’s like the arrest and conviction never happened.

Sealing is not the same as expungement, which destroys the record. Sealed cases still exist on confidential court databases for law enforcement purposes.

Who Qualifies for Record Sealing in NY?

You may seal up to 2 convictions for any of these offenses:

• Misdemeanors
• Violations (non-criminal offenses)
• Certain felony drug possession charges

There are other requirements too:

• 10 years passed since last conviction
• No pending criminal cases
• No more than 2 felony convictions
• All court-ordered payments made

Talk to a lawyer to see if your record can be sealed.

Does Sealing Apply to DWI Charges?

No. Convictions for misdemeanor or felony DWI charges are not eligible for sealing in New York. However, a lawyer may be able to get the charges reduced or dismissed to improve your record.

Can a Record be Sealed Immediately?

No, you must wait 10 years after your most recent conviction before applying. This “waiting period” is required by law to seal a case.

For example, if you were last convicted for shoplifting in 2011, you could seek sealing in 2021 or after.

Does Sealing Remove Sex Offender Registration?

Unfortunately, sealing does not relieve you of sex offender registration requirements. Those remain in effect separate from whether your conviction is sealed.

However, an attorney may be able to petition for your removal from the registry if you qualify.

What is the Sealing Process in New York?

Follow these key steps:

1. Ensure 10 years have passed since last conviction
2. Obtain certificate of disposition for eligible cases
3. Complete sealing application and submit to court
4. Attend court hearing if required
5. Court issues sealing order if approved
6. Serve order on relevant agencies to update records

A lawyer handles all paperwork and represents you at hearings for the best results.

How Much Does Sealing Cost in NY?

Expect attorney fees around $2,000 – $3,000 depending on case complexity. The court may also charge filing fees of $45 – $205.

Hiring a lawyer greatly improves your odds of success and is worth the investment.

What Happens After Sealing the Record?

In most cases, your past conviction will no longer appear on background checks. Private landlords and employers won’t see it.

Law enforcement still has access for limited purposes. But the case is sealed from the general public.

Does Sealing Allow Me to Deny the Conviction?

No. If directly asked by an employer, licensing agency, etc., you still must disclose the conviction. Say it was sealed if needed.

Lying about a sealed case could lead to prosecution for falsifying records.

Is Federal Record Sealing Possible?

No. Sealing only applies to New York State convictions. Federal cases and convictions in other states cannot be sealed under NY law.

However, a lawyer may get federal or out-of-state charges dismissed or reduced through other strategies.

When to Consult a NY Record Sealing Lawyer

Don’t delay if you want to clear your New York criminal record. The sooner after the 10 year waiting period that you pursue sealing, the better.

Contact an experienced record sealing attorney to explore your options. Clearing your record will open new doors for your future.

References

• Sealing Your Criminal Record | NY CourtHelp
• New York Consolidated Laws, Criminal Procedure Law – CPL § 160.59 | NY State Senate
• Sealing Your Criminal Record | NY CourtHelp
• New York Consolidated Laws, Criminal Procedure Law – CPL § 160.59 | NY State Senate
• New York Consolidated Laws, Criminal Procedure Law – CPL § 160.59 | NY State Senate