How To Get Your Criminal Record Sealed In New York State

If you have a criminal record that is stopping you from getting opportunities, there is hope in New York State. As long as you meet certain criteria and follow instructions, you can get your criminal records sealed. Keep in mind that there is a legal difference between having your record expunged versus having it sealed. The Clean Slate Act, which will automatically seal certain records, will not go into effect until 2027. According to LawInfo,

While expungement clears a conviction or arrest off of a person's record, sealed records give the appearance that the conviction or arrest has been cleared. In essence, when a person's record is sealed, it means that it's not readily available to the public.

Once your record is sealed, only qualified agencies and law enforcement, including federal, state, and local agencies, can access it. Immigration agencies can also see your record if you are not a United States citizen, which may work against you under the current regime. When New York State legalized recreational marijuana, it expunged past marijuana convictions, so that expungement does not count towards your sealing limit.

Here's How To Get Your Criminal Record Sealed In New York

1. You must wait 10 years before you can apply to have your criminal record sealed. The decade begins at the date of your conviction or release from prison, whichever is the latest.

2. You cannot have more than two misdemeanor convictions or one felony and one misdemeanor conviction.

If you have more than 2 convictions, you may still be eligible if your convictions are related to the same one or two incidents. For example, if you were charged and convicted of multiple crimes during one incident, the court may decide to treat the multiple convictions as one conviction.

Even if you meet the number of convictions, certain felonies and offenses are not eligible to be sealed, including sex offenses, violent felonies, and serious felonies.

3. You can't have any new convictions or open criminal cases.

4. You will need to request that your records be sealed, as it is not automatic, a Criminal Certificate of Disposition for each conviction you'd like to seal. You'll take the completed forms to a court for processing. There is a $5 fee for non-New York City courts and $10 fee for courts in the 5 boroughs.

5. You will also need to complete the Sealing Application, also known as the Notice of Motion and Affidavit in Support. You should also attach any proof of rehabilitation, such as community service, educational records, a recommendation letter, completion of a drug or alcohol treatment program, or verification of employment.

6. The District Attorney will be notified of your application. You can send it via certified mail or hand-deliver a copy of the Certificate of Disposition, the Sealing Application, and any other supporting documents. If your convictions are in different counties, you will need to provide a copy to each district attorney. After the documents have been mailed or delivered to the D.A., you or whoever delivered them will need to fill out an Affidavit of Service. It will need to be filled out and signed in front of a notary public.

7. File the originals of each document in court (you can find the court locator here).

The papers must be filed in the court where the most serious conviction was entered. If both cases involve convictions of the same class, the motion should be filed in the court where the most recent conviction was entered.

Be sure to make a copy of each document for your own records. The process is not easy, but it may be worth it for you and your circumstances.

How Do I Know If My New York State Criminal Record Has Been Sealed?

If your sealing application is approved, you will get a court-signed Seal Order. To confirm that your NYS Criminal History Record has been sealed, fill out this Request for Seal Verification form and mail it with a copy of the court signed Seal Order to the NYS Division of Criminal Justice Services (address is on the Request form).

You can find more info here.

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