New York Criminal Record Sealing — Your Filing Guide

What This Document Does

This application asks the court to SEAL your criminal conviction records. Sealing means most employers, landlords, and the public cannot see your conviction. You can legally say you have not been convicted of the sealed offense (with some exceptions).

Important: This is NOT Expungement

New York does not have true "expungement" that destroys records. Sealing:

• Hides records from most background checks
• Does NOT destroy the records
• Law enforcement and courts can still see sealed records
• Some employers (schools, government, security) can still access sealed records

Are You Eligible?

You MAY Be Eligible If:

✅ At least 10 years have passed since your sentencing or release from incarceration

✅ You have NOT been convicted of any crime during those 10 years

✅ Your conviction is for an eligible offense

You Are NOT Eligible If:

❌ Your conviction is for a Class A felony (murder, major drug trafficking)

❌ Your conviction is for a violent felony offense (robbery, burglary, assault, etc.)

❌ Your conviction is for a felony sex offense

❌ Your conviction requires sex offender registration

❌ You were convicted of conspiracy, attempt, or solicitation to commit any of the above

Eligible vs. Ineligible Offenses

ELIGIBLE (examples):

• Most misdemeanors
• Non-violent drug possession
• Petit larceny (shoplifting)
• Certain non-violent felonies
• Check fraud
• Some DWI offenses (not felony)

INELIGIBLE (examples):

• Murder, manslaughter
• Rape, sexual assault
• Robbery, burglary
• Assault with a weapon
• Arson
• Kidnapping
• Major drug trafficking
• Any Class A felony

Before You File

Gather These Documents:

• [ ] Certificate of disposition for each conviction (get from court clerk)
• [ ] Proof you completed your sentence (probation discharge, release papers)
• [ ] Employment records (pay stubs, W-2s, letters from employers)
• [ ] Education records (degrees, certificates, transcripts)
• [ ] Character reference letters (employers, community members, clergy)
• [ ] Proof of rehabilitation (treatment completion, community service)
• [ ] Criminal history report from NYS Division of Criminal Justice Services (optional but helpful)
• [ ] Approximately $210 filing fee OR fee waiver request

Calculate Your 10-Year Waiting Period:

The 10-year clock starts from:

• The date you were sentenced (if no jail time)
• The date you were released from incarceration
• The date you completed probation or parole

Step-by-Step Filing

Step 1: Get Your Records

1. Certificate of Disposition — Contact the court where you were convicted
2. Criminal History Report — Request from NYS Division of Criminal Justice Services (some courts require this)

Step 2: Complete the Application

Fill in every blank:

1. Your personal information — name, date of birth, address, Social Security number
2. Conviction information — case number, court, offense, date, sentence
3. Eligibility certifications — confirm 10-year waiting period, no disqualifying offenses
4. Rehabilitation evidence — list jobs, education, treatment, community service
5. Your reason for seeking sealing — employment, housing, education, etc.

Step 3: Make Copies

Make 3 copies:

• Original for the court
• 1 copy for yourself
• 1 copy for the District Attorney

Step 4: File with the Supreme Court

Where to file:

• Supreme Court in the county where you were convicted

Bring:

• Completed application (original + copies)
• Certificate of disposition
• Proof of rehabilitation
• Filing fee ($210) or fee waiver request

Step 5: Serve the District Attorney

You must serve a copy on the District Attorney's office in the county where you were convicted. The clerk can tell you how to do this.

Step 6: Attend Your Hearing

The court will schedule a hearing. Be prepared to:

• Explain your rehabilitation
• Describe how sealing will help you
• Answer the judge's questions

What to bring:

• All documents you filed
• Additional proof of rehabilitation
• Character references
• Government-issued ID

What to say:

• "Your Honor, I am [YOUR NAME]. I am requesting sealing of my conviction records."
• "It has been over 10 years since [DATE]."
• "I have not been convicted of any crime since then."
• "I have rehabilitated myself by [employment, education, treatment, community service]."
• "Sealing these records will help me [get a job, housing, support my family]."

Step 7: Get Certified Copies of the Order

If approved, get certified copies (approximately $5-10 each). You may need copies for:

• Background check agencies
• Employers
• Licensing boards

After Sealing

What Sealing Does:

✅ Most employers cannot see the conviction

✅ Most landlords cannot see the conviction

✅ You can legally say you have not been convicted (with exceptions)

✅ The public cannot access the records

What Sealing Does NOT Do:

❌ Records are NOT destroyed

❌ Law enforcement and courts can still access sealed records

❌ Some employers can still see sealed records:

• Schools and daycares
• Government jobs requiring security clearance
• Law enforcement
• Nursing homes and healthcare

❌ Does NOT restore gun rights

❌ Does NOT remove you from sex offender registry (if applicable)

When You Must Still Disclose:

Even after sealing, you may still need to disclose:

• When applying for certain licenses (law, medicine, teaching)
• When applying for government jobs
• When asked under oath in court
• When applying to work with children or vulnerable adults

Timeline

Frequently Asked Questions

Q: Will sealing erase my criminal record?

A: No. Records are hidden from most background checks but not destroyed.

Q: Can I seal multiple convictions?

A: Yes, if all are eligible offenses and you meet the 10-year requirement.

Q: What if I was convicted in multiple counties?

A: You must file separate applications in each county.

Q: Can I seal a federal conviction?

A: No. This process is for New York State convictions only.

Q: What if I'm not sure if my offense is eligible?

A: Contact a legal aid organization or attorney to review your case.

Q: Will sealing help me get a job?

A: Yes, most private employers cannot see sealed convictions.

Key Statutory References

• N.Y. Criminal Procedure Law § 160.55 — Sealing of non-criminal offense convictions
• N.Y. Criminal Procedure Law § 160.58 — Sealing of controlled substance offenses
• N.Y. Criminal Procedure Law § 160.59 — Sealing of certain felony and misdemeanor convictions

Legal Aid Resources

If you need free legal help:

• Legal Aid Society (NYC): (212) 577-3300
• LawHelpNY: https://www.lawhelpny.org
• The Legal Action Center: (212) 243-1313 — Specializes in criminal records
• LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

Disclaimer

This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.

Not a law firm. Not your attorney. No attorney-client relationship exists.