New York: Adult Convictions (NY-C-1)

Records of a criminal proceeding resulting in a conviction for a traffic infraction or a violation can be sealed by the court unless the court directed that the records not be sealed in the interests of justice. N.Y. Crim. Proc. Law § 160.55(1).

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if requested

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

Convictions for loitering as described in section 160.10(d) or (3) or operating a motor vehicle while ability impaired as described in section 1192 of the vehicle and traffic law are ineligible for sealing. N.Y. Crim. Proc. Law § 160.55(1).

Procedure General

The procedure is automatic. Unless the district attorney demonstrates to the court that the interests of justice require otherwise, or the court on its own motion determines the interests of justice require otherwise, the clerk of the court will notify the appropriate people and agencies that the action has been terminated by such a conviction. N.Y. Crim. Proc. Law § 160.55(1).

Fees

There is no statutory language regarding fees.

Effect

Photographs, palmprints, and fingerprints are destroyed or returned, with certain exceptions. The record of the criminal action will be sealed. N.Y. Crim. Proc. Law § § 60.50(1)(a)-(c).

Waiting Periods

The records are sealed upon conviction for a noncriminal offense, unless the district attorney or the court gives at least five days notice to the defendant. N.Y. Crim. Proc. Law § 160.55(1).

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