If you’ve been arrested or convicted, that record can follow you for the rest of your life—affecting employment, housing, professional licenses, and more. Fortunately, New York law provides mechanisms to seal or, in rare cases, expunge criminal records. Understanding your options can open doors that a permanent criminal record would otherwise close.
This page explains the difference between sealing and expungement, eligibility requirements, and how to petition for record sealing.
Sealing means your record is hidden from public view. Technically, the record still exists, but it is not accessible to the general public. Your record does not appear in background checks for employment, housing, or most purposes. Employers cannot see the record when checking your background. Law enforcement, courts, and limited governmental agencies can still see sealed records. Once sealed, you can legally answer “no” to questions about arrests or convictions (with limited exceptions). Sealing is the typical remedy available in criminal cases.
Expungement means your record is completely destroyed or erased. Even law enforcement cannot access it. This is extremely rare in New York and applies to very limited circumstances. Expungement is almost never available for criminal convictions in New York.
If you were arrested but the charges were dismissed or you were acquitted at trial, your arrest record can typically be sealed immediately. This includes charges dismissed by the prosecutor, charges dismissed by the judge, acquitted at trial, and arrested but prosecution declined to prosecute.
Certain lower-level convictions are automatically sealed without requiring a motion. No action is needed—it happens automatically. Non-criminal violations are automatically sealed in most circumstances after the completion of the conditional discharge period (if that is the sentence).
If 10 years have passed since your last criminal conviction (measured from the date you were released from incarceration if you were sentenced to jail/prison), you may be eligible to seal up to 2 convictions (1 of which may be a felony) under CPL 160.59. Certain felonies (e.g., sex offenses, violent felonies, homicide crimes, class A felonies) are ineligible. You also cannot have an open criminal case if you are seeking to seal past convictions under this statute. To obtain sealing under this statute, you must prepare and file a motion, which requires adherence to specific procedure. A knowledgeable criminal defense attorney can help you through this process.
Youthful offender adjudication: If you were under 19 at the time of the crime and the judge adjudicates you as a “youthful offender” at the time of sentencing, your conviction record is typically sealed. Note: YO status is not automatic for certain crimes.
Generally, no. Felony convictions typically cannot be sealed in New York. However, you may have other options. You can petition for a Certificate of Relief from Disabilities, which restores certain civil rights (voting, jury service, professional licenses) without sealing the conviction. You may receive an Executive Pardon, though this is extremely rare. You may pursue Post-Conviction Relief if you can prove ineffective assistance of counsel, newly discovered evidence, Brady violation, or other grounds for a new trial.
If you’re acquitted or charges are dismissed, your arrest record is typically sealed automatically by the court without requiring a motion. You should request certification from the court that your record has been sealed, so you can prove it to employers or others.
Your attorney files a motion with the court requesting sealing. You must show you meet the eligibility criteria. The judge has discretion to grant or deny the motion. Upon approval, the record is sealed.
Once your record is sealed, you can legally answer “no” to questions about arrests or convictions on job applications. However, law enforcement jobs (police, corrections, law enforcement) may have access to sealed records. Federal, state, and some local government jobs may access sealed records. Private employers generally cannot see sealed records. With a sealed record, landlords typically cannot access your arrest/conviction history through standard background checks. Some professional licensing boards (doctors, lawyers, nurses) may still have access to sealed records or may require disclosure. Check with your specific licensing board.
If you have arrests or convictions that you’d like to seal, contact Parker MacKay to discuss your options. A sealed record can transform your employment prospects, housing options, and future opportunities. Don’t let a permanent criminal record haunt you if sealing is available.
This page is for informational purposes only and does not constitute legal advice. Every case is unique. Consult with a qualified criminal defense attorney licensed in New York for legal advice on your specific situation.
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