Sealing Criminal Records   

Criminal convictions affect the quality of your life and are accompanied by collateral consequences. Collateral consequences include your ability to retain/obtain employment, loans, public housing, vote, serve on a jury, immigration status, housing status and other public benefits. New York Law does not allow you to erase or expunge your criminal records. However, criminal procedure law §160.59 sets forth a detailed process for applying to have your criminal records sealed.  Sealing means that the record still exists, but all related fingerprint and palmprint cards, booking photos, and DNA samples may be returned to you or destroyed. An experienced attorney will guide you through the entire process. 

Eligibility

You may be eligible to have your criminal conviction sealed if:

-There has been at least 10 years since your last conviction and/or release from prison/jail, and
-You have 2 convictions or less on your criminal record. This means no more than two misdemeanor convictions OR one felony and one misdemeanor conviction 

The ten year period starts from the date of conviction or release from prison, whichever is later. You cannot have had any new criminal convictions or have a current criminal case pending. Courts have the discretion to seal up to two convictions, only one of which may be a felony.

If you have more than 2 convictions, you may still be eligible if your convictions are related to the same one or two incidents. For example, if you were charged and convicted of multiple crimes during one incident, the court may decide to treat the multiple convictions as one conviction.

Expunged marijuana convictions do not count toward your total number of convictions. They are treated as if they never happened.

Once your criminal records are sealed, they may only be viewed under the following circumstances:

  • By you;
  • By someone you designate;
  • A prospective employer if that employment involves carrying a firearm;
  • Your parole officer if you are arrested while on parole/probation; and
  • Law enforcement by a court order signed by a judge 

All criminal convictions are NOT eligible for sealing. Criminal convictions that present a considerable danger to the public will not be considered for sealing. For example, sex offenses, violent crimes and class A felonies are not eligible for sealing. 

Experienced New York Attorney

Cleaning up your criminal history can be complicated. Criminal procedure law §160.59 delineates the detailed application process to seal criminal convictions. Even if you are eligible to have your criminal record sealed, most district attorneys will make an effort to ensure criminal records are not sealed. An experienced attorney will be able to present arguments to mitigate a judge and/or prosecutor’s concerns about sealing the records. If you are not sure whether your criminal record qualifies for sealing, or if you believe you are eligible, it’s in your best interest to consult an experienced attorney who can successfully guide you through the nuanced application process. 

The Law Office of Cory Garcia, P.C. serves clients throughout New York City Supreme and Criminal courts in Manhattan, Brooklyn, Bronx, Queens, Staten Island as well as Westchester, Orange, Putnam, Rockland, Suffolk and Nassau counties. To schedule a free consultation with the Law Office of Cory Garcia, P.C., contact us directly at (914)-705-3745.