New York’s Criminal Record Expungement Process Explained

In today’s digital age, a criminal record can have long-lasting consequences on a person’s ability to find employment, secure housing, obtain loans, and move on from past mistakes. For individuals with a past conviction or arrest in New York, understanding the criminal record expungement process is vital to reclaiming their future.

While New York does not offer traditional “expungement” like many other states, there are important alternatives that allow eligible individuals to seal their records under specific circumstances. This article explores New York’s criminal record expungement process, offering a detailed guide on eligibility, procedures, limitations, and the benefits of sealing or clearing your criminal record.

What Is Criminal Record Expungement?

Criminal record expungement typically refers to the process by which a court permanently destroys or removes a criminal record from public view, as if the offense never occurred. However, in New York, the term “expungement” is somewhat misleading, as New York law does not provide for full expungement in most cases. Instead, New York offers “record sealing,” which restricts public access to the criminal records but does not erase them entirely.

Despite the terminology differences, New York’s criminal record sealing process serves many of the same purposes as expungement: allowing individuals to move forward without the burden of a publicly accessible criminal record.

The Difference Between Expungement and Record Sealing in New York

Understanding the distinction between record sealing and expungement is key to navigating the criminal record expungement process in New York:

• Expungement: The record is completely erased or destroyed. New York does this in very limited cases (e.g., arrests that result in dismissal).
• Sealing: The record is hidden from public view, but still exists. Only law enforcement and certain government agencies can access it.

This means that although your criminal history may not be completely wiped clean, a sealed record can offer substantial relief and protection in your personal and professional life.

Eligibility for Criminal Record Sealing in New York

New York law, under Criminal Procedure Law § 160.59, allows certain individuals with criminal convictions to apply for record sealing. To qualify for this form of relief under the criminal record expungement process, the following conditions must be met:

1. Number of Convictions

You may be eligible if you have:

• No more than two criminal convictions on your record.
• Only one felony conviction (if any).

If you have more than two convictions, or more than one felony, you are generally not eligible.

2. Waiting Period

You must wait at least 10 years from the date of your conviction or the date of release from incarceration, whichever is later.

3. Type of Offense

Certain offenses are not eligible for sealing, including:

• Most sex offenses.
• Violent felonies.
• Class A felonies (excluding some drug offenses).

Eligible offenses typically include non-violent and lower-level crimes.

4. No Pending Charges

You cannot have any current criminal charges or open investigations against you at the time of your application.

Arrests and Cases That Are Automatically Sealed

Under New York’s criminal justice reform, certain arrests and cases are sealed automatically:

• Dismissed charges: If your case was dismissed or you were acquitted, it is sealed automatically under CPL § 160.50.
• Non-criminal violations: Some non-criminal offenses (like certain traffic infractions) are sealed under CPL § 160.55.
• Youthful offender adjudications: If you were adjudicated as a youthful offender, your records may also be sealed.

These instances do not require you to go through the formal criminal record expungement process.

Step-by-Step: New York’s Criminal Record Expungement (Sealing) Process

The criminal record expungement process in New York, though often referred to as “sealing,” involves a specific legal procedure. Here’s a breakdown of how it works:

Step 1: Obtain Your Criminal Records

You’ll need to collect:

• A Certificate of Disposition for each conviction.
• A RAP sheet (Record of Arrests and Prosecutions).
• Any documents showing completion of sentencing (e.g., probation records, program completions).

These records can be obtained from the court where the conviction occurred or the Division of Criminal Justice Services (DCJS).

Step 2: Complete the Sealing Application

You must submit:

• A formal sealing application (Affidavit in Support of Sealing).
• Supporting documentation such as proof of rehabilitation, character references, and reasons for seeking sealing.

Step 3: File Your Application

File your completed application with the court where you were convicted. If you have multiple convictions in different courts, you must file separate applications in each court.

Step 4: Serve the District Attorney (DA)

A copy of your application must be sent to the DA’s Office in the county of conviction. The DA has 45 days to respond, either consenting to or opposing your request.

Step 5: Court Hearing (if required)

If the DA objects, the court may schedule a hearing to determine whether sealing is in the interest of justice. You should be prepared to:

• Explain how you’ve changed since the conviction.
• Provide evidence of rehabilitation.
• Show how the sealed record will help you (employment, housing, etc.).

Step 6: Court Decision

The judge will consider:

• The nature of the offense.
• Time elapsed since conviction.
• Your personal development and community involvement.
• Risk to public safety.

If approved, your records will be sealed and no longer available to the public.

What Happens After Your Record Is Sealed?

Once sealed, your criminal record will no longer show up in most background checks. This offers significant benefits:

• Employment Opportunities: Employers (with limited exceptions) won’t see the conviction.
• Housing Applications: Landlords cannot access sealed records.
• Professional Licensing: Licensing agencies may not consider sealed convictions unless legally authorized.
• Peace of Mind: You can legally say you have not been convicted of a crime, in most cases.

However, certain government entities—like law enforcement, the courts, and some licensing agencies—may still access sealed records.

Benefits of the Criminal Record Expungement Process

The benefits of going through New York’s version of the criminal record expungement process cannot be overstated:

• Increased employment options
• Improved access to housing
• Enhanced eligibility for loans and financial aid
• Restoration of civil rights in some cases
• Improved mental health and reduced stigma

The process provides a true second chance for those who’ve turned their lives around and want to leave their past behind.

Challenges and Limitations

While New York’s criminal record sealing process is a powerful tool, it is not without limitations:

• Not all crimes are eligible.
• The 10-year waiting period can be a barrier.
• Only a limited number of convictions can be sealed.
• The process can be legally complex, requiring detailed paperwork and possible court hearings.

For these reasons, many individuals benefit from working with an experienced expungement attorney in New York to ensure the process is handled correctly.

Recent Developments and Future Reforms

In recent years, criminal justice reform advocates have pushed for expanded expungement laws in New York, similar to those found in other states. Proposed legislation includes:

• Shortening the waiting period.
• Allowing automatic expungement for certain misdemeanors.
• Expanding eligibility to include more types of convictions.

These changes, if passed, would simplify the criminal record expungement process and allow more people to benefit from it.

Conclusion: Clearing Your Criminal Record in New York

Though New York doesn’t offer full expungement for most convictions, its criminal record expungement process through record sealing provides meaningful relief to many individuals. Understanding eligibility requirements, navigating the application process, and preparing for potential court hearings are all critical steps.

By taking action to seal your record, you can gain a fresh start—improving your employment prospects, securing housing, and reclaiming your reputation. Whether you’re seeking record sealing in New York or simply trying to understand your options, the key is to start early and seek legal guidance if needed.

For many, the criminal record expungement process represents more than just a legal procedure—it’s a path to a better life.