How to Seal or Restrict a Criminal Record in New York

Having a criminal record in New York can affect employment, housing, education, and even professional licensing opportunities. Fortunately, New York law provides pathways for certain individuals to seal or restrict their criminal records. Understanding how these processes work can help you move forward with a fresh start.

Record Sealing in New York

Under New York Criminal Procedure Law (CPL) § 160.59, individuals with eligible convictions may apply to have their records sealed. Sealing means the record still exists but is not accessible to most employers, landlords, or the public. Only law enforcement and certain government agencies can view it.

Eligibility for Record Sealing

• You can apply to seal up to two convictions, only one of which may be a felony.
• At least 10 years must have passed since your sentencing or release from incarceration.
• Certain offenses, such as violent felonies, sex offenses, and serious crimes, are not eligible.
• You must not have any pending criminal charges.

If approved, the conviction is sealed from public view, reducing its impact on your life.

Record Restriction (Expungement of Certain Offenses)

While New York does not broadly allow expungement, certain marijuana-related convictions may be expunged under recent reforms. Expungement is different from sealing because it completely erases the record, as though the conviction never occurred.

The Application Process

Sealing a record involves filing a motion with the court, notifying the District Attorney’s office, and sometimes attending a hearing. A judge will review your case, considering factors such as:

• The seriousness of the offense
• Your rehabilitation and conduct since the conviction
• The impact sealing may have on your future opportunities

Why Legal Guidance Matters

Navigating these processes can be complex. At Cascione, Purcigliotti and Galluzzi P.C., we can provide legal assistance to the New York public in preparing applications, representing clients in hearings, and working to ensure the strongest possible case for sealing or restricting a record.