New York: Adult Non-Conviction Arrests (NY-NC-2)

Records of an arrest resulting in a waiver of a hearing pursuant to section 1192(10)(c) of the vehicle and traffic law or section 49-b of the navigation law will be sealed when the person reaches the age of 21 or three years from the date of the offense, whichever is the greater period of time. N.Y. Crim. Proc. Law § 160.55(5)(a).

Record Detail(s)

No conviction obtained

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

This provision applies only to violations of section 1192 of the vehicle and traffic law and section 49-b of the navigation law. N.Y. Crim. Proc. Law § 160.55(5)(a).

Procedure General

The procedure is automatic. Upon the entry of the waiver, the court will notify the appropriate people and agencies. For the specific procedure, see N.Y. Crim. Proc. Law § 160.55(5)(a).

Fees

There is no statutory language regarding fees.

Effect

Photographs, palmprints, and fingerprints are destroyed or returned, with exceptions. The record of the criminal action will be sealed. N.Y. Crim. Proc. Law § § 160.50(1)(a)-(c).

Waiting Periods

The record is sealed when the person reaches age 21 or three years from the date of the offense, whichever is the greater period of time.

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