New York: Adult Convictions (NY-C-2)

Records of one or two eligible convictions, only one of which may be a felony, can be sealed by the court 10 years after conviction or release from incarceration, if applicable. N.Y. Crim. Proc. Law § 160.59.

Record Detail(s)

Misdemeanor

Felony

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

Sealing is unavailable under § 160.59(3) when: (a) an individual is required to register as a sex offender;(b) an individual has previously obtained sealing of the maximum number of convictions allowable under 160.58; (c) an individual has previously obtained sealing of the maximum number of convictions allowable under 160.59(4);(d) the waiting period has not yet been satisfied; (e) the individual has an undisposed arrest or charge pending;(f) the individual was convicted of any crime after the date of the entry of judgment of the last conviction for which sealing is sought;(g) the individual has failed to provide the court with required sworn statement of the reasons why the court should grant the relief sought; and(h) the individual has been convicted of two or more felonies or more than two crimes. Class A felonies, violent felonies, and most sex offenses are ineligible for sealing. N.Y. Crim. Proc. Law § 160.59(1)(a).

Procedure General

The petition must be filed in the court where the more serious conviction occurred, or, if both are the same level, where the last conviction occurred. For the specific procedure, see N.Y. Crim. Proc. Law § 160.59.

Fees

There is no statutory language regarding fees.

Effect

Records of the arrest and prosecution are sealed and made unavailable to any person or agency, except for specified entities. The state Division of Criminal Justice Services retains fingerprints, palm prints, photographs, or digital images of the same. N.Y. Crim. Proc. Law § 160.59.

Waiting Periods

The petition can be filed 10 years after the conviction or release from incarceration.

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