A criminal record can follow you for the rest of your life, affecting your ability to find a job, secure housing, obtain professional licenses, and even volunteer at your child's school. But many people in New York do not realize that they may be eligible to have their criminal records sealed, effectively hiding past convictions from most background checks.
New York has taken significant steps in recent years to give people a second chance. If you have a criminal record and want to move forward with your life, understanding New York's record sealing laws is essential.
What Does It Mean to "Seal" a Criminal Record?
When a criminal record is sealed in New York, it is not erased or expunged. The record still exists, but it is removed from public view. This means that most employers, landlords, licensing agencies, and members of the public will not be able to see the sealed conviction when conducting a background check.
However, certain entities retain access to sealed records, including:
- Law enforcement agencies
- Prosecutors (in connection with future criminal cases)
- Certain licensing bodies (such as those governing firearms permits or law enforcement employment)
- Courts (if you are arrested again in the future)
Sealing is different from the automatic sealing that occurs when a case results in a dismissal or an adjournment in contemplation of dismissal (ACD). Those records are sealed automatically under CPL § 160.50. The process discussed here applies to convictions or cases where you were found guilty or pleaded guilty.
New York's Record Sealing Law. CPL § 160.59
In 2017, New York enacted CPL § 160.59, which allows individuals to apply to have up to two convictions sealed. provided no more than one of them is a felony. This law was a landmark change, giving hundreds of thousands of New Yorkers the opportunity to put past mistakes behind them.
Eligibility Requirements
To be eligible for record sealing under CPL § 160.59, you must meet the following criteria:
- You have no more than two criminal convictions in total, with no more than one felony among them
- At least 10 years have passed since your sentence was imposed, or since your release from incarceration (whichever is later)
- You do not have any pending criminal charges
- You are not required to register as a sex offender
- The conviction was not for a sex offense defined in Article 130 of the Penal Law, a violent felony as defined in Penal Law § 70.02, or certain other excluded offenses (including homicide and Class A felonies)
The Application Process
To apply for record sealing, you must file a motion with the court where you were convicted. The application requires you to provide detailed information about your conviction(s), your rehabilitation efforts, and the reasons you are seeking sealing.
The judge has discretion in deciding whether to grant the motion. The court will consider factors such as:
- The nature and circumstances of the offense
- Your criminal history
- Any evidence of rehabilitation (employment, education, community involvement)
- The impact of the criminal record on your life
- The public interest in maintaining the record
The District Attorney's office is notified and has the opportunity to object. Having an experienced attorney prepare and present your application significantly increases your chances of success.
New York's Clean Slate Act
In November 2023, New York enacted the Clean Slate Act, which represents the most significant expansion of record relief in the state's history. Under this law, eligible criminal records will be automatically sealed. This meansindividuals will not need to file a motion or appear in court.
Key provisions of the Clean Slate Act include:
- Misdemeanor convictions are automatically sealed 3 years after the completion of the sentence (including any period of incarceration, probation, or parole)
- Felony convictions (excluding sex offenses and Class A felonies) are automatically sealed 8 years after the completion of the sentence
- There is no limit on the number of convictions that can be sealed under the Clean Slate Act
- Sealed records remain accessible to law enforcement and certain regulatory agencies
The Clean Slate Act is being implemented in phases. If you are unsure whether your record qualifies for automatic sealing under the Clean Slate Act or whether you should proactively seek sealing under CPL § 160.59, consulting with an attorney can help you understand your options and timeline.
Benefits of Sealing Your Criminal Record
Having your criminal record sealed can be life-changing. Benefits include:
- Employment: Most employers will not see your sealed conviction on a background check, removing a major barrier to employment
- Housing: Landlords conducting background checks will not discover sealed convictions
- Professional Licensing: Many licensing agencies will no longer have access to sealed records, which can open doors to careers in healthcare, education, finance, and other fields
- Personal Peace of Mind: Sealing a record allows you to move forward without the constant burden of a past mistake
What Record Sealing Does NOT Do
It is important to have realistic expectations about what sealing accomplishes:
- Sealing does not erase your conviction. It remains in the court system
- If you are arrested again, law enforcement and prosecutors can access sealed records
- Certain federal background checks (for example, for federal employment or security clearances) may still reveal sealed records
- Immigration authorities may still have access to sealed records, which is an important consideration for non-citizens
Contact an NYC Criminal Defense Lawyer About Sealing Your Record
If you have a criminal record in New York, you may have more options than you realize. Whether you are eligible for sealing under CPL § 160.59 or may benefit from the Clean Slate Act, taking action now can open doors that have been closed to you for years.
Julie Rendelman is a seasoned NYC criminal defense lawyer and former prosecutor who understands the New York criminal justice system from every angle. As a respected NY criminal defense attorney, Julie can evaluate your record, advise you on your eligibility, and guide you through the sealing process from start to finish.
Call the Law Offices of Julie Rendelman at 212-951-1232 to discuss your record sealing options today.
New York, NY 10017
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