Can a criminal conviction be expunged in New York
In New York, most criminal convictions cannot be truly “expunged” in the way many people understand the term. However, certain convictions can be sealed from public view under New York’s Criminal Procedure Law § 160.59. The process—often called criminal record sealing—restricts who can see the conviction and may allow you to lawfully deny it on employment applications. For many, it is the closest path available to clearing a past mistake. Law Offices Of SRIS, P.C. provides guidance on eligibility and the sealing procedure. Reach our location at (888) 437‑7747 to discuss your specific situation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Understanding Expungement and Sealing in New York
New York does not have a general expungement statute that erases all records of a criminal conviction. Instead, the state offers record sealing under several provisions. The primary mechanism for sealing past convictions is CPL § 160.59, which permits the court to seal up to two eligible convictions after a waiting period. For many drug‑related offenses, a separate conditional sealing law applies. Additionally, records of charges that were dismissed or resulted in an acquittal are typically sealed automatically. An experienced attorney can help determine which path fits your circumstances.
Because the law changes over time—and because New York’s 2020 bail reform, Raise the Age legislation, and the Marijuana Regulation and Taxation Act have reshaped criminal procedure—the current sealing landscape is complex. Mr. Sris and his Of Counsel stay current on these developments. Our New York location, at 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202, serves clients throughout the state. By appointment only. Call (888) 437‑7747 to schedule a consultation.
Direct Answer: When Is Sealing Possible?
Under CPL § 160.59, certain misdemeanors and felonies can be sealed after a mandatory waiting period of ten years, measured from the date of sentencing or release from incarceration, whichever is later. During that ten‑year period, you must have no new criminal convictions. A court will consider the nature of the offense, your overall record, and whether sealing is in the interest of justice. Not every conviction qualifies; serious violent felonies, sex offenses requiring registration, and class A felonies are generally ineligible.
For drug‑related misdemeanors and low‑level felonies, a separate sealing provision under CPL § 160.58 may apply after completing a court‑approved treatment program. And for dismissals or acquittals, records are sealed automatically under CPL § 160.50, without a waiting period. Each path has its own eligibility requirements, so it is critical to speak with a lawyer who can evaluate your record.
Frequently Asked Questions
What is the difference between expungement and sealing in New York?
Expungement erases a record entirely; sealing hides it from most public view but does not destroy it. New York does not offer expungement for adult convictions. Sealing under CPL § 160.59 restricts access to law enforcement and a narrow set of licensing agencies. For most employment and housing checks, a sealed conviction must be treated as if it never occurred. This distinction matters because sealed records can still be accessed by certain government entities and in subsequent criminal cases.
Which criminal convictions can be sealed under CPL § 160.59?
Most non‑violent misdemeanors and many E‑class or D‑class felonies can be sealed, provided they are not on the statutory exclusion list. Ineligible convictions include sex offenses requiring registration, violent felonies defined by Penal Law § 70.02, class A felonies, and homicide‑related offenses. You may seal up to two eligible convictions—only one of which may be a felony—after completing the required ten‑year waiting period. A third conviction, regardless of type, eliminates eligibility.
How long do I have to wait to seal my conviction?
The standard waiting period is ten years from the date of sentencing or release from incarceration, whichever is later. During that time, you must remain conviction‑free. If you are sentenced to probation, the ten years start after you successfully complete probation. The court counts only New York and federal convictions; out‑of‑state convictions do not reset the clock, though they may affect the judge’s discretionary decision.
Can a felony conviction be sealed under CPL § 160.59?
Yes, certain non‑violent felonies can be sealed if they are not on the statutory exclusion list and you have only one felony conviction. The felony must be classified as a class D or class E offense, or a class C drug felony in some circumstances. Class B and class A felonies are ineligible, as are most violent felonies. Because eligibility depends on the exact penal code section, an attorney must review your certificate of disposition to confirm your offense is sealable.
What is the process for sealing a criminal conviction in New York?
You must file a motion in the court where you were convicted, along with a sworn affidavit, your certificate of disposition, and a notice to the district attorney’s office. The district attorney has 45 days to object. If there is no objection, the court may grant the motion without a hearing. If the prosecution objects, a hearing is scheduled where your attorney argues that sealing serves the interests of justice. The judge weighs the nature of the crime, your rehabilitation, and the impact of sealing on public safety.
How long does the sealing process take?
The timeline varies by court and case complexity, but uncontested motions are often resolved in a few months. If the district attorney objects and a hearing is needed, the process may extend significantly. The court schedules hearings on its calendar, and delays can occur. Criminal record sealing is not an emergency proceeding, so patience is required. Your attorney can prepare the motion thoroughly to minimize the chance of an objection and speed resolution.
Do I need a lawyer to seal my conviction?
You are not legally required to hire a lawyer, but the process involves technical legal arguments and strict documentation requirements. A mistake in the motion can lead to denial or delay. An attorney can evaluate your eligibility, gather the necessary court records, and draft a compelling memorandum of law that emphasizes why sealing is appropriate. Given the importance of the outcome—your ability to move forward with employment, housing, and licensing—most people choose to work with experienced counsel.
Will a sealed conviction show up on a background check?
For most private employers and landlords, a sealed conviction should not appear on a standard background check. Under New York law, a sealed conviction must be treated as confidential. However, certain agencies—including law enforcement, the courts, and some professional licensing boards—retain access. Additionally, if you apply for a job that requires fingerprinting or a federal background check, the sealed conviction may still surface. It is important to understand the limits of sealing before relying on it for employment purposes.
Can I seal multiple convictions?
Under CPL § 160.59, you may seal up to two eligible convictions, only one of which may be a felony. If you have three or more convictions—no matter how slight—you are ineligible for sealing under this statute. Drug treatment‑based sealing under CPL § 160.58 has its own limits, and dismissal records are sealed automatically. If you have a more extensive record, other forms of relief, such as a certificate of rehabilitation or a pardon, may be the better option.
What if my case was dismissed or I was found not guilty?
Dismissed charges and acquittals are typically sealed automatically under CPL § 160.50, with no waiting period and no court motion required. This automatic sealing applies to the arrest record, fingerprints, and photographs. You do not need to take any action for this type of record clearing. If a record of dismissal is still appearing on a background check, an attorney can request the court to issue an order confirming the sealing and notify the relevant agencies.
Can I apply for sealing if I am not a U.S. Citizen?
Eligibility for sealing is based on your criminal record, not your immigration status. However, sealing a New York conviction does not erase the conviction for federal immigration purposes. If you are a noncitizen, you should also speak with an immigration attorney to understand how a sealed conviction might affect your immigration status, as federal agencies may still have access to the sealed record. The interplay of state sealing laws and federal immigration law is complex; always get advice from an attorney knowledgeable in both areas.
Does sealing restore my right to possess a firearm?
Generally, no. Sealing under New York law does not automatically restore firearm rights that were lost due to a conviction. Federal law prohibits firearm possession by anyone convicted of a crime punishable by more than one year in prison, and sealing a state conviction does not remove the federal prohibition. Restoring firearm rights often requires a separate legal procedure, such as a state certificate of relief from civil disabilities or a federal expungement—both of which are difficult to obtain. You should discuss firearm rights restoration specifically with an attorney.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., concentrates his practice on criminal defense and post‑conviction relief. He is a former prosecutor with experience in criminal trial work, and he testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Together with his Of Counsel, he brings over 120 years of combined legal experience, and the firm has achieved 4,739+ documented firm-wide results. Results may vary. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York—giving the firm the geographic reach to assist clients in multiple states. The firm’s New York location operates by appointment only at 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202.
Related pages: New York County (Manhattan) criminal defense · Kings County (Brooklyn) criminal defense · Queens County criminal defense · Richmond County (Staten Island) criminal defense · Nassau County criminal defense
Outbound authority sources: New York County Supreme Court, Criminal Term · New York Courts Official Website · New York Criminal Procedure Law (CPL)
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