If you’ve ever been arrested or convicted of a crime in New York, you already know how much a criminal record can affect your life. Job opportunities, housing applications, and professional licenses can all be impacted by what shows up in a background check.
The good news? New York law allows certain criminal records to be sealed, giving you a real chance to move forward with a clean slate.
What Does It Mean to “Seal” a Record?
When a record is sealed, it’s no longer accessible to the public. That means employers, landlords, and most licensing agencies won’t see your past conviction in a background check.
However, the record doesn’t disappear entirely as it’s still available to law enforcement, courts, and certain government agencies under limited circumstances.
Who Is Eligible to Seal a Criminal Record in New York?
Under Criminal Procedure Law § 160.59, you may qualify to have your record sealed if:
- You have no more than two criminal convictions on your record (and only one can be a felony).
- At least 10 years have passed since your sentence was imposed or completed (whichever is later).
- You have not been convicted of another crime in those 10 years.
- Your conviction was not for a sex offense, violent felony, or other serious crime excluded by the statute.
If your case was dismissed, adjourned in contemplation of dismissal (ACD), or resulted in a non-criminal violation, it’s likely already sealed automatically (unless it was specifically waived during the plea), and no motion would be required.
How to Apply to Seal a Record
The sealing process isn’t automatic. Here’s what it typically involves:
- File a Motion to Seal:
You or your attorney must prepare a motion under CPL § 160.59, filed in the court where you were convicted. The motion explains why you qualify and why sealing is in the interests of justice. - Serve the District Attorney:
A copy of the motion must be served on the DA’s office in the county of conviction. They have 45 days to oppose or consent to your request. - Judge’s Review:
The judge will review your motion, your criminal history, and any opposition from the prosecution. In some cases, a hearing may be held. - Decision:
If the judge grants your motion, your record will be sealed and removed from public view.
Why Sealing Matters
A sealed record can help you:
- Pass background checks for jobs, housing, or licensing.
- Regain peace of mind and confidence moving forward.
- Restore your reputation in your community.
For many New Yorkers, it’s one of the most empowering steps toward rebuilding after a mistake.
Can You Seal More Than One Case?
You can seal up to two convictions total, but only one felony. If you have multiple convictions that arose from the same incident or criminal transaction, they may count as one for eligibility purposes.
Should You Hire an Attorney?
While it’s possible to file a sealing motion on your own, it’s always best to have an experienced criminal defense attorney handle the process. An attorney can:
- Review your record and confirm eligibility.
- Draft a persuasive motion highlighting your rehabilitation and contributions since your conviction.
- Communicate with the DA’s office and appear in court on your behalf.
A strong, well-prepared motion can make all the difference.
Ready to Move Forward?
If you’re ready to seal your record and finally move on from your past, I can help. As a former public defender who’s handled thousands of criminal cases, I understand both sides of the courtroom and how to present your case in the best possible light.
Contact my office today to discuss your eligibility for record sealing in New York and start your path to a clean slate.
The Law Office of Siara Ossa, PLLC
780 Long Beach Boulevard Long Beach, New York 11561
347-733-5612
Siara@Ossalawny.com