New York Criminal Record Sealing Packet

LSC-Grade Legal Self-Help Guide

Important: This packet is for informational purposes only and does not constitute legal advice. For legal advice specific to your situation, contact a licensed New York attorney or legal aid organization.

1. Eligibility Checker

What Is "Sealing" in New York?

New York does not have traditional "expungement" (complete destruction of records). Instead, NY uses sealing — which means your criminal record still exists but is hidden from most background checks and the public.

Who Qualifies for Sealing?

You may qualify if:

A. Automatic Sealing (Clean Slate Act — 2023)

• Most misdemeanor convictions seal automatically after 3 years from sentence completion
• Most felony convictions seal automatically after 8 years from sentence completion
• NOT automatic for: sex offenses, Class A felonies, domestic violence, DWI/DUI

B. Sealing Under CPL §160.59 (Older Convictions)

• At least 10 years have passed since sentencing or release from prison (whichever is later)
• Maximum of 2 convictions (only 1 can be a felony)
• No pending criminal cases
• No sex offenses, Class A felonies, or certain other serious offenses

C. Drug Treatment Sealing (CPL §160.58)

• Completed judicial diversion program for drug offense
• Successfully finished treatment

D. Non-Criminal Violations (CPL §160.55)

• Violations and traffic infractions seal automatically
• Examples: disorderly conduct, trespass, marijuana possession under certain amounts

Who Does NOT Qualify?

• Sex offenses requiring registration
• Class A felonies (murder, major drug trafficking)
• Domestic violence convictions (some exceptions)
• DWI/DUI convictions
• Convictions for crimes against children
• Federal convictions (this packet is for NY state cases only)
• More than 2 convictions (unless automatic Clean Slate applies)

2. Required Forms

For CPL §160.59 Sealing (10+ Year Convictions)

For Drug Treatment Sealing (CPL §160.58)

Fees

• Filing fee: $0 (no fee to file sealing application)
• RAP sheet: $7.50 (fee waiver available)
• Certificate of Disposition: $10-25 per case

3. Step-by-Step Filing Instructions

Step 1: Get Your Criminal History Report (RAP Sheet)

1. Contact the NY Division of Criminal Justice Services (DCJS)

• Phone: (518) 457-9847
• Online: https://criminaljustice.ny.gov/

1. Request a personal criminal history review ($7.50 fee)
2. Wait 2-3 weeks to receive your RAP sheet
3. Review it carefully for accuracy

Step 2: Get Certificates of Disposition

1. Contact the court clerk where each case was heard
2. Request a Certificate of Disposition for each case
3. Pay the fee ($10-25 per certificate)
4. Keep originals and make copies

Step 3: Complete the Sealing Application

1. Download the CPL §160.59 Sealing Application from NY Courts website
2. Fill out completely and accurately:

• Your full legal name and date of birth
• Case numbers and indictment numbers for each conviction
• Court name and county where convicted
• Date of sentencing and sentence imposed

1. Attach required documents:

• Copy of RAP sheet
• Certificates of Disposition
• Proof of 10-year waiting period completion

Step 4: Serve the District Attorney

1. Make 2 copies of your complete application
2. Mail or deliver 1 copy to the District Attorney's office in the county where convicted
3. Complete the Affidavit of Service form
4. Keep proof of mailing (certified mail receipt recommended)

Step 5: File with the Court

1. Bring to the court where you were convicted:

• Original application + all attachments
• Affidavit of Service (proof you notified DA)
• Filing fee (no charge)

1. Ask clerk to stamp your copy as "Filed" with the date
2. Keep your stamped copy

Step 6: Attend Hearing (If Required)

1. The court will notify you if a hearing is scheduled
2. Bring:

• Your stamped copy of the application
• Photo ID
• Any additional documents requested

1. The judge may ask questions about your rehabilitation

4. Court Information

New York County (Manhattan)

New York Supreme Court — Criminal Term

• Address: 100 Centre Street, New York, NY 10013
• Hours: Monday-Friday, 9:00 AM - 5:00 PM
• Phone: (646) 386-4000
• Filing Fee: $0
• Fee Waiver: N/A (no filing fee)

Kings County (Brooklyn)

Kings County Supreme Court — Criminal Term

• Address: 320 Jay Street, Brooklyn, NY 11201
• Hours: Monday-Friday, 9:00 AM - 5:00 PM
• Phone: (347) 404-9000
• Filing Fee: $0

Queens County

Queens County Supreme Court — Criminal Term

• Address: 125-01 Queens Boulevard, Kew Gardens, NY 11415
• Hours: Monday-Friday, 9:00 AM - 5:00 PM
• Phone: (718) 298-1000
• Filing Fee: $0

Bronx County

Bronx Supreme Court — Criminal Division

• Address: 265 East 161st Street, Bronx, NY 10451
• Hours: Monday-Friday, 9:00 AM - 5:00 PM
• Phone: (718) 618-2000
• Filing Fee: $0

Richmond County (Staten Island)

Richmond County Supreme Court

• Address: 26 Central Avenue, Staten Island, NY 10301
• Hours: Monday-Friday, 9:00 AM - 5:00 PM
• Phone: (718) 675-8700
• Filing Fee: $0

Outside NYC

Contact your county's Supreme Court Criminal Term. Find your court: https://www.nycourts.gov/courthelp/

5. Filing Checklist

Before going to court, make sure you have:

• [ ] Criminal history report (RAP sheet) from DCJS
• [ ] Certificates of Disposition for each conviction
• [ ] Completed Sealing Application (CPL 160.59 form)
• [ ] Affidavit of Service (proof you notified the DA)
• [ ] Photo ID (driver's license, state ID, or passport)
• [ ] Proof of mailing to District Attorney (certified mail receipt)
• [ ] Copies of all documents (keep for your records)
• [ ] Proof of 10-year waiting period (court documents showing sentencing/release dates)

6. What to Bring to the Hearing

If the court schedules a hearing:

• [ ] Government-issued photo ID
• [ ] Stamped copy of your filed application
• [ ] Original Certificates of Disposition
• [ ] Proof of employment or job training (helps show rehabilitation)
• [ ] Reference letters (employer, community member, counselor)
• [ ] Proof of community service or volunteer work
• [ ] Treatment completion certificates (if applicable)
• [ ] Notepad and pen for notes

7. What Happens After Filing

Timeline

Possible Outcomes

If Granted:

• Court issues sealing order
• DCJS updates your criminal record
• Record hidden from most background checks
• You can legally answer "no" to most employer questions about convictions
• Record still visible to: law enforcement, courts, some licensing agencies

If Denied:

• Court explains reason for denial
• You may reapply if circumstances change
• Consider contacting legal aid for help

Clean Slate Automatic Sealing:

• No application needed
• DCJS automatically seals qualifying records
• Check your RAP sheet to confirm sealing occurred
• Expected implementation: 2024-2025 (phased rollout)

After Sealing

• Wait 2-4 weeks for DCJS to update records
• Request new RAP sheet to confirm sealing
• Keep your sealing order in a safe place
• For most job applications, you can answer "no" when asked about criminal convictions

8. Local Legal Aid Resources

LSC-Funded Legal Aid Organizations

The Legal Aid Society (NYC)

• Phone: (212) 577-3300
• Website: https://legalaidnyc.org/
• Service Area: All 5 NYC boroughs
• Services: Criminal record sealing assistance, free legal clinics

Legal Services NYC

• Phone: (212) 431-7200
• Website: https://www.legalservicesnyc.org/
• Service Area: NYC
• Services: Civil legal services, reentry support

Neighborhood Legal Services

• Phone: (716) 847-0650
• Website: https://www.nls.org/
• Service Area: Western NY (Buffalo area)
• Services: Criminal records, employment barriers

Legal Aid Society of Northeastern New York

• Phone: (518) 462-6765
• Website: https://www.lasnny.org/
• Service Area: Capital Region, Northeastern NY
• Services: Civil legal aid, reentry assistance

Legal Aid of Western New York

• Phone: (585) 325-2520
• Website: https://www.lawny.org/
• Service Area: Western NY
• Services: Civil legal services

Center for Employment Opportunities (CEO)

• Phone: (212) 422-4430
• Website: https://ceoworks.org/
• Service Area: Statewide (multiple locations)
• Services: Job placement for people with criminal records

Additional Resources

NY Courts Help

• Website: https://www.nycourts.gov/courthelp/
• Phone: (800) 268-7869
• Free self-help resources and forms

NY Division of Criminal Justice Services

• Phone: (518) 457-9847
• Website: https://criminaljustice.ny.gov/
• Criminal history records, sealing verification

9. Controlling Statute Citations

• CPL §160.55 — Sealing of non-criminal offenses (violations, traffic infractions)
• CPL §160.58 — Sealing of controlled substance offenses after treatment
• CPL §160.59 — Sealing of up to 2 convictions after 10-year waiting period
• Executive Law §296(16) — Employment discrimination protections for sealed records
• Clean Slate Act (2023) — Part Z of Chapter 53 of the Laws of 2023 — Automatic sealing for qualifying convictions

Full Statute References

CPL §160.59(1): "A person who has been convicted in this state of not more than two crimes, but not more than one of which may be a felony, may, at any time after the expiration of ten years from the date of such person's last conviction or release from incarceration..."

CPL §160.59(2)(b): Excludes Class A felonies, sex offenses requiring registration, and other serious offenses from eligibility.

10. Disclaimer

This packet is for informational purposes only and does not constitute legal advice.

Criminal record sealing laws are complex and subject to change. The information in this guide may not apply to your specific situation. For legal advice about your case, contact:

• A licensed New York attorney
• Your local Legal Aid Society
• An LSC-funded legal services organization

This document was prepared by Jurist-Diction and is not affiliated with any court or government agency.

Last Updated: March 2026

For current forms and information, visit: https://www.nycourts.gov/