WHAT IS THE NEW LAW?
Beginning October 7th, 2017, eligible individuals convicted of an eligible offense may request to have their
records sealed if they have not been convicted of another crime for a period of 10 years from the day they
were sentenced or released from jail/prison (whichever is later).
WHO IS ELIGIBLE TO APPLY FOR SEALING UNDER THE NEW CPL §160.59?
People are eligible if they have been crime-free for at least 10 years since their conviction and/or release
and have only two (2) convictions on their criminal record. If they have more than two (2) convictions, they
may still be eligible if the convictions are related to the same one or two incidents. For example, if a person
was charged and convicted of multiple crimes during one incident, the court may choose to consider those
multiple convictions as one incident or conviction when considering your application.
WHAT CRIMES ARE ELIGIBLE TO BE SEALED UNDER THE NEW LAW?
All misdemeanor convictions, other than those requiring registration as a sex offender, are eligible, and some
felonies are eligible to be sealed. A person can, however, seal at most one (1) felony. Sex offenses, violent
felonies, and serious felonies are not eligible for sealing.
HOW LONG DOES IT TAKE TO SEAL A CONVICTION?
This is the first time that New York has had a sealing law like this, so the courts cannot provide an estimate yet.
WHO CAN SEE THE CONVICTION AFTER ITS BEEN SEALED?
Members of the public (including employers or housing agencies) will not be able to see a conviction that is sealed.
The following entities will be able to see the sealed conviction/prosecution:
• Federal, state, and local law enforcement agencies acting within scope of their law enforcement duties;
• Courts in the unified court system;
• Probation departments;
• Sheriffs’ offices;
• District attorneys’ offices;
• The NY State Department of Corrections and Community Supervision;
• Departments of Correction of any municipality within New York;
• The Financial Frauds and Consumer Protection Unit of the State Department of Financial Services;
• The Office of Professional Medical Conduct of the State Department of Health;
• The Child Protective Services Units of any local departments of social services;