New York: Adult Non-Conviction Arrests (NY-NC-1)

Records of the court proceeding are sealed, and records of the arrest are destroyed or returned when no charges are filed or a case terminates in the person's favor. N.Y. Crim. Proc. Law § 160.50.

Record Detail(s)

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. Upon termination of the case, the court record is sealed, and the clerk notifies the state Department of Criminal Justice Services and law enforcement agencies. For the specific procedure, see N.Y. Crim. Proc. Law § 160.50.

Fees

There is no statutory language regarding fees.

Effect

The arrest records are destroyed or returned to the person, or to the attorney who represented such person at the time of the termination of the action or proceeding. The person is restored to pre-arrest status and need not disclose the arrest or prosecution, except in circumstances specifically authorized by statute or court. N.Y. Crim. Proc. Law § 160.60.

Waiting Periods

The records are returned upon disposition in favor of the defendant, unless the district attorney or the court gives the defendant at least five days notice. N.Y. Crim. Proc. Law § 160.50(1).

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