New York: Adult Non-Conviction Arrests (NY-NC-3)

Records of an arrest for violations of section 1192-a or 1194-a of the vehicle and traffic law or section 49-b of the navigation law that are resolved in favor of a defendant who is under the age of 21 will be sealed no later than three years from the date of the offense or when the person reaches the age of 21, whichever is the greater period of time. N.Y. Crim. Proc. Law § 160.55(5)(b).

Record Detail(s)

Charges resolved in favor of defendant

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 sections 1192-a or 1194-aof the vehicle and traffic law, and section 49-b of the navigation law that occur when a person is under the age of 21. N.Y. Crim. Proc. Law § 160.55(5)(b).

Procedure General

The procedure is automatic. The commissioner of the Department of Motor Vehicles will notify the appropriate people and agencies. If no notice is received, the agencies shall nonetheless seal the record. For specific procedure, see N.Y. Crim. Proc. Law § 160.55(5)(b), (c).

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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