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.

How 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.

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.

Are Felonies Eligible for Sealing?