New Record Sealing Law in New York Effective September 27, 2017

 The following categories of cases can be sealed in New York:

1. CPL § 160.59 (criminal convictions)

   A new record sealing law was passed in New York on April 16, 2017, allowing eligible applicants to seal up to two convictions (only one of which may be a felony) for all crimes other than sex offenses and class A and violent felonies, after a 10-year waiting period (running from the date of conviction or release from prison)! The new law takes effect September 27, 2017 under § 160.59 of New York’s Criminal Procedure Law.

2. CPL § 160.50 (full sealing)
3. CPL § 160.55 (partial sealing)
4. CPL § 160.58 (conditional sealing)
5. 2010 amendment to Criminal Procedure Law Article 440
6. 2010 amendment to Criminal Procedure Law Article 440

What is a CPL § 160.59 case? (criminal convictions)

In New York, under the new law:

• The applicant may have up to 2 (but not more than 2) criminal convictions.
• Of those 2 convictions, applicant must not have more than 1 felony conviction.
• Of those 2 convictions, neither can be “violent crimes”, crimes that require one to register as a sex offender, sex crimes, terrorism, or a class A felony.
• It must be at least 10 years since the applicant’s last criminal conviction, or 10 years since the applicant’s release from incarceration on the last criminal conviction.
• The applicant must not currently have any open or pending criminal cases.

Crimes Eligible For Sealing (Most non-violent Felonies and most Misdemeanors, including but not limited to):

• Driving While Intoxicated (DWI)
• Aggravated Driving While Intoxicated
• Aggravated Unlicensed Operation of a Motor Vehicle
• Reckless Driving
• Petit Larceny
• Theft of Services
• Assault in the Third Degree
• Criminal Contempt in the Second Degree
• Harassment in the First Degree
• Reckless Endangerment
• Criminal Possession of a Weapon in the Fourth Degree
• Gravity Knife Cases
• Prostitution
• Criminal Possession of Marijuana in Fifth Degree
• Aggravated Unlicensed Operation of a Motor Vehicle
• Reckless Driving
• Petit Larceny
• Theft of Services
• Assault in the Third Degree
• Criminal Contempt in the Second Degree
• Criminal Sale of Marijuana in the Fourth Degree
• Criminal Possession of a Controlled Substance in 7th Degree
• Criminal Possession of a Weapon in the Fourth Degree
• Criminal Mischief in the Fourth Degree
• Criminal Trespass in the Second and First Degrees
• Menacing in the Second and Third Degree Degree
• Stalking in the Third and Fourth Degree
• Possession of Burglar’s Tools
• Making Graffiti
• Unauthorized Use of a Motor Vehicle in the Third Degree
• Auto Stripping in the Third Degree
• Jostling
• Fraudulent Accosting
• Criminal Possession of Stolen Property in the Fifth Degree
• Trademark Counterfeiting in the Third Degree
• Forgery in the Third Degree
• Criminal Possession of a Forged Instrument in the Third Degree
• Criminal Impersonation in the Second Degree
• False Personation
• Identify Theft in the Third Degree
• Obstructing Governmental Administration in the Second Degree
• Criminally Using Drug Paraphernalia in the Second Degree
• Promoting Gambling in the Second Degree
• Possession of Gambling Records
• Patronizing a Prostitute
• Endangering the Welfare of a Child

Crimes Not Eligible For Sealing (If you have been convicted of any one of these crimes, you are NOT ELIGIBLE to have your criminal record sealed):

Class “A” Felonies are NOT Eligible for Sealing:

• Homicide
• Manslaughter / Aggravated Manslaughter
• Rape
• Criminal Sexual Act
• Aggravated Sexual Abuse
• Sexual Conduct Against a Child

Class “B” Felonies are NOT Eligible for Sealing:

• Attempt to Commit a Class “A” Felony
• Gang Assault in the First Degree
• Assault in the First Degree
• Aggravated Assault upon a Police Officer or a Peace Officer
• Manslaughter in the First Degree
• Aggravated Manslaughter in the First Degree
• Rape in the First Degree
• Criminal Sexual Act in the First Degree
• Aggravated Sexual Abuse in the First Degree
• Sexual Conduct Against a Child in the First Degree
• Kidnapping in the First Degree
• Burglary in the First Degree
• Arson in the First Degree
• Robbery in the First Degree
• Intimidating a Victim or Witness in the First Degree
• Incest in the First Degree
• Criminal Possession of a Weapon in the First Degree
• Criminal use of a Firearm in the First Degree
• Criminal sale of a Firearm in the First Degree
• Hindering Prosecution of Terrorism in the First Degree
• Criminal Possession of a Chemical Weapon or Biological Weapon in the Second Degree
• Criminal use of a Chemical Weapon or Biological Weapon in the Third Degree

Class “C” Felonies are NOT Eligible for Sealing:

• Attempt to commit a Class “B” Violent Felony
• Gang Assault in the Second Degree
• Assault on a Peace Officer, Police Officer, Fireman or Emergency Medical Services
  Professional
• Assault on a Judge
• Strangulation in the First Degree
• Aggravated Criminally Negligent Homicide
• Aggravated Manslaughter in the Second Degree
• Aggravated Sexual Abuse in the Second Degree
• Burglary in the Second Degree
• Robbery in the Second Degree
• Criminal Possession of a Weapon in the Second Degree
• Criminal Possession of a Firearm in the Second Degree
• Criminal Sale of a Firearm in the Second Degree
• Criminal Sale of a Firearm with the Aid of a Minor
• Aggravated Criminal Possession of a Weapon
• Soliciting or Providing Support for an Act of Terrorism in the First Degree
• Hindering Prosecution of Terrorism in the Second Degree
• Criminal Possession of a Chemical Weapon or Biological Weapon in the Third Degree

Class “D” Felonies are NOT Eligible for Sealing:

• Attempt to commit a Class “C” Violent Felony
• Reckless Assault of a Child
• Assault in the Second Degree
• Menacing a Police Officer or Peace Officer
• Stalking in the First Degree
• Strangulation in the Second Degree
• Rape in the Second Degree
• Criminal Sexual Act in the Second Degree
• Sexual Abuse in the First Degree
• Course of Sexual Conduct Against A Child in the Second Degree
• Facilitating a Sex Offense With a Controlled Substance
• Intimidating a Victim or Witness in the Second Degree
• Falsely Reporting an Incident in the First Degree
• Placing a False Bomb or Hazardous Substance in a Sports Stadium or Arena, Mass
  Transportation
• Facility or Enclosed Shopping Mall
• Criminal Possession of a Weapon in the Third Degree (subsections 5, 6, 7, 8, 9 or 10 only)
• Criminal Sale of a Firearm in the Third Degree
• Aggravated Unpermitted Use of Indoor Pyrotechnics in the First Degree
• Soliciting or Providing Support for an Act of Terrorism in the Second Degree
• Making a Terroristic Threat

Class “E” Felonies are NOT Eligible for Sealing:

• Attempt to commit a Class “E” Violent Felony
• Persistent Sexual Abuse
• Aggravated Sexual Abuse in the Fourth Degree
• Falsely Reporting an Incident in the Second Degree
• Placing a False Bomb or Hazardous Substance in the Second Degree

Most Misdemeanor sex crimes are NOT eligible for Sealing:

To find out if you are eligible to seal your conviction(s) in New York, please take our Free Eligibility Test. For more information on sealing your criminal record in New York, visit our Resource and Learning Center.