New York Criminal Record Sealing: Complete Guide (2026)

This content is for informational purposes only and does not constitute legal advice. Consult a licensed New York attorney for advice specific to your situation.

A criminal record in New York creates barriers to employment, housing, professional licenses, and loans. But recent changes to New York law have made sealing criminal records more accessible than ever before.

This guide explains who qualifies for criminal record sealing in New York, how the process works, what it costs, and step-by-step instructions to clear your record.

What Is Criminal Record Sealing in New York?

Sealing means your criminal record is hidden from public view. Unlike true expungement (which erases the record), sealing:

• Removes records from public background check databases
• Allows you to legally deny the record existed in most situations
• Keeps the record accessible to law enforcement and certain agencies

New York law uses the term "sealing" rather than "expungement" under Criminal Procedure Law (CPL) §160.59. The result is similar: a clean slate for most purposes.

New York Sealing Eligibility

Not all crimes qualify for sealing in New York. Eligibility depends on:

• What you were convicted of (or just arrested for)
• How much time has passed since your case ended
• Your criminal history (how many past convictions)
• Whether you completed your sentence and stayed out of trouble

Criminal Procedure Law §160.59: Convictions That CAN Be Sealed

Eligible Convictions:

• Most misdemeanors (except specified sex offenses and firearm offenses)
• Up to 2 misdemeanors (if from different incidents)
• Up to 1 misdemeanor + 1 violation (from same or different incident)
• 1 felony (if it's the only conviction in your lifetime AND it's not an ineligible offense)

Waiting Periods:

• Misdemeanors: 10 years from conviction or sentencing (whichever is later)
• 1 felony (only conviction): 10 years from conviction or sentencing
• 2 misdemeanors: 10 years from the later conviction

Good Behavior Requirement:

During the 10-year waiting period, you must have:

• No new convictions (misdemeanors or felonies)
• No pending criminal charges
• Successfully completed your sentence (including probation, fines, restitution)

Criminal Procedure Law §160.50: Dismissed Charges & Acquittals

If your case was dismissed, you were acquitted (found not guilty), or the prosecution declined to prosecute (nolle prosequi), you can seal immediately:

• No waiting period
• Automatic sealing for most acquittals and dismissals
• No filing fee (processing fee may apply)

Criminal Procedure Law §160.55: Violations and Traffic Infractions

Violations (non-criminal offenses like disorderly conduct, harassment violations) and traffic infractions (except DWI) are sealed automatically:

• 1 year after conviction for violations
• Automatically sealed upon conviction (not public record)

Offenses That CANNOT Be Sealed

New York law PROHIBITS sealing for:

• Sex offenses (Sexual Conduct, Sexual Abuse, Forcible Touching, Sexual Performance by Child, Possession of Child Pornography, Sex Offender Registration Act crimes)
• Class A felonies (murder, arson, kidnapping, robbery 1st, rape 1st, criminal possession of weapon 1st)
• Violent felonies under Penal Law §70.02 (assault 1st/2nd/3rd, burglary 1st, robbery 1st/2nd)
• Felony convictions if you have 2 or more convictions (even if one is a misdemeanor)
• Offenses requiring sex offender registration (even if misdemeanor)
• Murder, manslaughter (any degree)
• Arson 1st degree
• Kidnapping 1st degree
• Robbery 1st degree
• Burglary 1st degree
• Criminal possession of a weapon 1st or 2nd degree (loaded firearm)
• Controlled substance offenses involving large quantities (A-I felonies under Penal Law §220)
• Public office corruption (bribery, graft)
• Conspiracy to commit ineligible offenses

DWI (Driving While Intoxicated):

• DWAI (Driving While Ability Impaired, violation): eligible for sealing
• DWI misdemeanor/felony (VTL §1192.2/3): NOT eligible for CPL 160.59 sealing

Multiple Convictions

New York's "2 misdemeanor" rule allows sealing if:

• You have 2 misdemeanor convictions from different incidents
• 10 years have passed since the later conviction
• No other convictions (felonies or additional misdemeanors)

Example: You have a misdemeanor theft conviction from 2014 and a misdemeanor DWAI from 2016. If you have no other convictions and stayed out of trouble, both can be sealed in 2026 (10 years from 2016).

"1 Felony Only" Rule:

If you have 1 felony conviction and no other convictions (misdemeanors, violations, or other felonies), you may seal it if:

• 10 years have passed since conviction/sentencing
• The felony is not on the ineligible list
• No new convictions during the waiting period

The New York Sealing Process: Step-by-Step

Step 1: Get Your Criminal Record

Before filing, you need a copy of your criminal history to verify:

• Exact charges, dates, and docket numbers
• Convictions, dismissals, or acquittals
• Whether offenses are eligible

Obtain your record from:

1. New York State Office of Court Administration (OCA)

• Online request: NYS Courts Criminal History Request
• Cost: $95 (processing fee)
• Includes all NY state convictions and pending cases
• Most comprehensive for sealing applications

2. FBI Identity History Summary

• Online: FBI Channeler
• Cost: $18 (FBI fee) + channeler fee
• Federal + state convictions (nationwide)
• Takes 2–4 weeks

3. Local Court Records

• Visit criminal court where case was heard
• Request docket sheets, dispositions, certificates of disposition
• Cost: $5–$15 per case

Step 2: Verify Your Eligibility

Review your record to confirm:

1. No ineligible offenses (sex offenses, Class A felonies, violent felonies, etc.)
2. Waiting period satisfied (10 years for convictions, immediate for dismissals/acquittals)
3. No new convictions during waiting period
4. Sentence completed (probation, fines, restitution paid)

If you have 2+ convictions (misdemeanors or felonies), CPL 160.59 sealing is generally unavailable. You may need:

• Certificate of Relief from Disabilities (CPL §701)
• Certificate of Good Conduct (CPL §703)
• Governor's pardon (separate process)

Step 3: Prepare Your Sealing Application

Under CPL §160.59, you must file a motion for sealing with the court that sentenced you. Required documents:

Motion to Seal Criminal Record (CPL §160.59):

• Your name, DOB, address, contact information
• Case details (court, docket number, arrest date, charge, conviction date, sentence)
• Grounds for sealing (statutory eligibility met)
• Facts supporting sealing (rehabilitation, employment, community service, good character)
• Relief requested (order sealing conviction)

Affidavit in Support:

• Sworn statement describing your life since conviction
• Employment history, education, community involvement
• Rehabilitation efforts (treatment, counseling, programs)
• Reasons why sealing serves justice (employment, housing, family)
• Character references (letters from employers, community members, clergy)

Certificate of Disposition:

• Official court document showing final disposition of your case
• Obtained from court clerk where convicted
• Cost: $10–$15

Proposed Order:

• Draft order for judge to sign if motion granted
• Specifies records to be sealed and agencies notified

This paperwork is complex. jurisdiction-correct sealing templates from Jurist-Diction ensure your application meets New York's exact requirements and presents your case persuasively.

Step 4: File in the Correct Court

File your motion with the criminal court that handled your case:

• Criminal Court of the City of New York (misdemeanors, violations)
• County Court (felonies)
• Supreme Court (if appeal was heard)
• Town/Village Justice Courts (if convicted there)

Filing fees:

• Motion filing: Typically $0–$50 (varies by county)
• Certificate of Disposition: $10–$15 per case
• Some counties waive fees for indigent applicants

Step 5: Serve the Prosecutor

Under CPL §160.59(3), you must serve the prosecutor (District Attorney, State Prosecutor, or Corporation Counsel):

• Serve copies of motion, affidavit, and supporting documents
• Prosecutor has 45 days to object or consent
• If prosecutor consents, sealing is typically granted without a hearing
• If prosecutor objects, court will hold a hearing and decide

Service methods:

• Personal service (process server, sheriff)
• Certified mail (return receipt requested)
• Electronic service (if court permits e-filing)

Step 6: Waiting Period (Prosecutor Review)

After filing and service:

• Prosecutor reviews your criminal history and application
• 45 days to object or consent
• Most prosecutors consent if:
• Statutory eligibility met
• No new convictions
• Sufficient time passed (10+ years)
• Good character references
• Productive, law-abiding life since conviction

If prosecutor objects, they must state reasons (public safety, nature of offense, pattern of behavior).

Step 7: Hearing (If Contested)

If prosecutor objects or judge questions eligibility, a hearing is scheduled. You'll receive notice by mail.

At the hearing:

• Judge asks questions about your background, rehabilitation, and reasons for sealing
• Prosecutor may present evidence against sealing (new arrests, pattern of behavior)
• You may testify (or have your attorney speak)
• Character witnesses may testify on your behalf

If judge is satisfied sealing is appropriate, they'll sign an Order of Sealing.

Step 8: Order Sent to Agencies

If granted, the court sends the sealing order to:

• New York State Division of Criminal Justice Services (DCJS) (updates state criminal history database)
• Federal Bureau of Investigation (FBI) (updates NCIC database)
• Court clerks (seals case files)
• Prosecutor's office
• Other agencies (Department of Corrections, probation department)

These agencies must update their records within 30–60 days. Your record is then sealed from public view.

New York Sealing Costs

Breakdown of typical expenses:

Total estimated cost: $150–$350 if you file yourself (pro se). Hiring an attorney increases cost but improves your chances for:

• Complex cases (objections from prosecutor)
• Multiple convictions
• Uncertain eligibility
• Prior denials

Fee waivers may be available if:

• Your income is below federal poverty guidelines
• You receive public benefits (SNAP, Medicaid, SSI)
• You're experiencing financial hardship

Ask the court clerk for a Poor Person Application or Fee Waiver Request.

jurisdiction-correct Sealing templates

If your sealing is straightforward (eligible offense, 10+ years clean, no new convictions), you can file pro se (without an attorney). jurisdiction-correct sealing documents from Jurist-Diction include:

• Professionally drafted Motion to Seal (CPL §160.59)
• Affidavit in Support with sample language
• Proposed Order for judge's signature
• Filing instructions for your county
• Checklist of required documents
• Character reference template

All starting at $47 — a fraction of attorney fees.

Templates are for informational purposes only and do not constitute legal advice. For contested cases, prior denials, or complex criminal histories, consult a licensed New York attorney.

What Happens After Sealing?

Employment Background Checks

Once your record is sealed:

• Most employers won't see sealed convictions on background checks
• Public court records searches return "no record found"
• You can legally deny the conviction on most job applications

Exceptions: Who Can Still See Sealed Records?

Sealing is not absolute. The following can access sealed records:

• Law enforcement (police, prosecutors, courts, probation/parole)
• Correctional facilities (if incarcerated again)
• Firearm licensing (pistol permit applications)
• Certain professional licenses (teaching, nursing, law enforcement, childcare) — may require disclosure
• Military/government security clearances — sealed records must be disclosed
• Immigration authorities (USCIS, ICE, CBP)

Always be honest on applications that ask: "Have you ever been convicted of a crime, including sealed records?" Lying can have worse consequences than the original conviction (perjury, fraud, license revocation).

Sealed vs. Expunged: What's the Difference?

New York uses sealing, not true expungement. Difference:

• Sealed: Hidden from public but accessible to law enforcement and certain agencies
• Expunged: Erased as if it never existed (very rare, typically only for DNA exoneration)

For most practical purposes (employment, housing, loans), sealing and expungement have the same effect: clean background check.

Firearm Rights

Sealing does NOT automatically restore firearms rights if you were convicted of:

• Felonies (federal law prohibits felons from possessing guns, 18 U.S.C. §922(g)(1))
• Misdemeanor crimes of domestic violence (18 U.S.C. §922(g)(9))
• Serious offenses (violent felonies, weapon possession)

If you want to own firearms after a disqualifying conviction, you may need:

• Certificate of Relief from Disabilities (CPL §701) — restores some rights, may include firearms (not automatic)
• Certificate of Good Conduct (CPL §703) — for people with 2+ convictions
• Pardon from the Governor (restores all rights)

New York Sealing FAQs

Can I seal a DWI in New York?

• DWAI (Driving While Ability Impaired, violation): Yes, eligible for sealing after 1 year (automatic) or immediately via CPL §160.55
• DWI misdemeanor/felony (VTL §1192.2/3): No, DWI convictions are ineligible for CPL §160.59 sealing. Consider Certificate of Relief from Disabilities or pardon.

How long does the sealing process take?

• Uncontested (prosecutor consents): 3–6 months from filing to order
• Contested (objection or hearing): 9–12 months depending on court availability

Do I need an attorney for sealing?

Not required. Many people file successfully pro se using jurisdiction-correct templates. However, consider hiring an attorney if:

• Prosecutor objects
• You have a complex criminal history
• Your case involved violence or sex offenses (ineligible but explore alternatives)
• You're unsure about eligibility
• You were previously denied

What if my sealing application is denied?

You can:

1. Re-file after addressing the reason for denial (e.g., wait longer, gather more rehabilitation evidence)
2. Appeal the decision (within 30 days)
3. Seek a Certificate of Relief from Disabilities (CPL §701) — for employment relief
4. Seek a Certificate of Good Conduct (CPL §703) — for people with multiple convictions
5. Apply for a pardon from the Governor (rare, lengthy process)

Can I seal federal charges in New York?

Federal expungement is extremely rare and only available in very limited circumstances (e.g., DNA exoneration, First-Time Offender Act for simple drug possession). Most federal convictions cannot be expunged or sealed.

Will sealed records show up on FBI background checks?

Once New York seals your record and notifies the FBI, the National Crime Information Center (NCIC) database should be updated. However, errors happen. Verify your FBI rap sheet after sealing by requesting an Identity History Summary Check from the FBI.

Can I seal juvenile records in New York?

Yes. Juvenile delinquency records are handled differently under Family Court Act §357.0. Many juvenile records are sealed automatically when you turn 18 or 21 (depending on offense level). If not automatically sealed, you can petition the Family Court.

What's the difference between sealing and a Certificate of Relief from Disabilities?

• Sealing (CPL §160.59): Hides record from public view, requires 10-year wait, limited to 2 convictions max
• Certificate of Relief from Disabilities (CPL §701): Public relief from legal disabilities (employment, licenses, bonds), doesn't hide record from public, available sooner, for single misdemeanors or felonies
• Certificate of Good Conduct (CPL §703): For people with 2+ convictions, stronger relief than Certificates of Relief, doesn't hide record

You can pursue both sealing and a Certificate for maximum relief.

Getting Started

Sealing your criminal record in New York opens doors to employment, housing, and financial freedom. If you're eligible and ready to move forward, Jurist-Diction's jurisdiction-correct New York sealing documents include everything you need to file with confidence — starting at $47.

Don't let an old mistake hold you back forever. Clear your record, restore your reputation, and move forward with a clean slate.

Templates are for informational purposes only and do not constitute legal advice. For complex situations, consult a licensed New York attorney.

Last updated: March 2026 | Jurist-Diction covers expungement/sealing documents for: NY, NJ, PA, MD, DE, MS, TN