FAQs About Criminal Record Sealing in New York
Criminal convictions can result in consequences that go beyond jail time and fines. A conviction on your criminal record can affect, among other things, your chances of getting employment, housing, and loans. Fortunately, individuals in New York with a criminal record may be able to seal their criminal records under certain conditions. Expungement, another option for people with criminal records, is not available in New York.
As criminal defense attorneys, we get many questions about criminal record sealing. Below are some of the frequently asked questions about criminal record sealing in New York:
- What does criminal record sealing mean?
Convictions on a criminal record are available to the public. Anybody performing a background check can see the information on your criminal record. When your criminal record is sealed, it is hidden from public view and most background checks.
- Does sealing mean a record is completely destroyed?
Criminal record sealing does not entail completely destroying a criminal record; it involves hiding the record from public view. This differs from expungement, which entails completely erasing a record as though it never existed. Apart from some marijuana offenses, the state of New York does not have any laws that allow for the expungement of criminal records.
- Who is eligible to have their criminal records sealed?
Individuals can have their criminal records sealed if at least ten years have passed since they were sentenced for their last conviction or incarcerated, whichever is later. Also, you must have no more than two criminal convictions in total. However, if you have three or more convictions related to the same one or two incidents, you may be able to seal both convictions. Additionally, people with an open criminal case are not eligible to have their criminal records sealed.
- What criminal convictions can be sealed in New York?
In New York, all misdemeanor convictions, except those entailing registration as a sex offender, can be sealed. Some felonies can be sealed, but a person can only seal one felony conviction at most. Violent felonies, sex crimes, and serious felonies cannot be sealed.
- What is the process for sealing a criminal record in New York?
The following are the key steps for sealing a criminal record in New York as per the New York Courts website;
- Confirm eligibility
- Gather supporting documents that you think will help with the application
- Get a Certificate of Disposition for every conviction you want to seal
- Complete the application
- Get your application notarized
- “Serve” the prosecutor before filing your application with the court
- File our application with attached copies of the supporting documents
- Attend a court hearing, if required
- Wait for the court’s decision
- Can sealed records be unsealed?
Yes, sealed criminal records can be unsealed. Often, this happens if you are later convicted of a crime.
- Are there any people who can see my sealed records?
While the public cannot see your sealed records, some entities, including the following, can see your sealed records;
- Law enforcement agencies
- Probation departments
- District attorney’s offices
- Courts in the unified court system
- Agencies and entities hiring police/peace officers
- Agencies that issue firearms licenses or gun permits
Contact an NYC Criminal Attorney
If you have any questions about criminal record sealing in New York or need help with the application process, contact our qualified NYC criminal attorney, Mark I. Cohen.
