Under New York law, sealing is the process of removing criminal records from the view of the general public. Anyone, with the exception of statutorily-specified government agencies, doing a background check will not not see your criminal record in state and federal databases. This may, in some cases, include “rap sheets,” fingerprints, photographs, case files, and other information related to the case.
No. You cannot expunge or completely erase your criminal record or “rap sheet” in New York. However, you may be eligible to have your record sealed in New York. This will prevent most people from having access to or viewing your records located on state and federal databases. Please take our free eligibility test to determine if you are eligible to seal your New York criminal record.
The following categories of cases can be sealed in New York:
- CPL § 160.59 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 October 2017 under § 160.59 of New York’s Criminal Procedure Law.
- CPL § 160.50 (criminal convictions)
- CPL § 160.55 (partial sealing)
- CPL § 160.58 (conditional sealing)
- 2010 amendment to Criminal Procedure Law Article 440
- 2010 amendment to Criminal Procedure Law Article 440
Our law firm provides legal services for the following sealing cases:
- Any eligible criminal conviction(s) under CPL § 160.59
- Drug Conviction and non-drug Willard (Drug-Related) Offense Cases
(CPL § 165.58 (conditional sealing)
- Prostitution-Related Crimes (non-loitering / victims of commercial sex trafficking)
(New York Criminal Procedure – Article 440 – § 440.10 Motion to Vacate Judgment)
- Juvenile Record Sealing (CPL § 720.35)
Other legal service options:
- Certificate of Relief from Disabilities
- Certificate of Good Conduct
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:
In New York, your criminal record is automatically sealed (non-court process of sealing your criminal record) if your arrests are “terminated in your favor” and do not result in a conviction or end in a marijuana violation. Your criminal record should be sealed automatically if the final outcome of your case resulted in the following:
- Acquittal At Trial
- Dismissal By Grand Jury – No True Bill
- Dismissal In The Interests Of Justice (Clayton Motion)
- Dismissal Of Information
- Adjournment In Contemplation Of Dismissal (“ACD”)
- Decline Prosecution (Nolle Prosequi)
- Decline To File Accusatory Instrument (By The Police)
- Order Setting Aside The Verdict
- Order Vacating The Judgment
- Habeas Corpus
- Possession of less than 7/8 of an ounce of marijuana (under Penal Law § 221.05) should be automatically sealed three years after the date of the crime as long as you are not convicted of any drug-related charges during the waiting period.
Once your “rap sheet” is sealed your records will not be available to anyone except:
- You, as the defendant, if you request your own rap sheet;
- Agencies that issue gun licenses or permits if you apply for such a license or permit;
- Your employer, if you apply for a job as a law enforcement or peace officer, or any other job that requires you to carry a gun;
- Your probation officer, if you are arrested while on parole or probation;
- Prosecutors when you move for an ACD for a marijuana offense; or
- A law enforcement agency that makes a motion to a court claiming that “justice requires” that they have the information and wins an order to unseal the case.
Individuals convicted of a non-criminal offense (a violation), automatically receive partial sealing under CPL § 160.55(c). Partial sealing means that the defendant’s fingerprints are destroyed and NYS Department of Criminal Justice Services (DCJS), law enforcement, and prosecutor records are sealed, but the court files or records are not. Once your “rap sheet” is sealed your records will not be available to anyone except: (1) you, as the defendant or your designated agent and (2) qualified agencies. CPL § 160.55(d) Common violations are:
- Criminal Solicitation (Fifth Degree)
- Trespass
- Unlawfully Posting Advertisements
- Failing to Respond To An Appearance Ticket
- Disorderly Conduct
- Unlawful Possession Of A Weapon Upon School Grounds
- Harassment (Second Degree)
- Loitering (Exception for §240.35(3) “in a deviant manner,” or §240.37(2) “for prostitution,” neither of which can be sealed)
- Appearance In Public Under The Influence Of Narcotics Or A Drug Other Than Alcohol
- Exposure Of A Person
- Promoting The Exposure Of A Person
- Offensive Exhibition Misconduct By A Juror (Second Degree)
- Unlawful Prevention Of Public Access To Record
- Hazing (Second Degree)
CPL § 160.55 Exceptions
Non-sealable Convictions/Infractions:
- Loitering for the purpose of engaging in deviant sexual intercourse (PL 240.35(3)
- Loitering for the purpose of engaging in Prostitution (PL 240.37).
- Driving while ability impaired. In New York, a DUI (Driving Under the Influence) is a crime and is therefore non-sealable. The following DUI infractions are not sealable in New York:
- DWI (Driving While Intoxicated) (VTL 1192.3)
- DWAID (Driving While Intoxicated & Drugs) (VTL 1192.4a)
- ADWI (Aggravated Driving While Intoxicated) (VTL 1192.2-a)
- DWAIDA (Driving While Ability Impaired By Drugs) (VTL 1192.4)
- Per Se DWI (Driving While Intoxicated Charge) (VTL 1192.2)
- The infraction of DWAI (Driving While Ability Impaired) (VTL 1192.1)
- Where order by the court after motion on notice by DA (CPL 160.55(1).
- VTL §155 (Traffic Violations)
All violations of the NY Vehicle and Traffic Code are infractions and not crimes (unless declared to be a felony or misdemeanor) and are sealable (VTL §155). Common traffic infractions include: speeding, passing a school bus, red light violations, failure to yield the right-of-way to an emergency vehicle, and failure to stop at a stop sign. NYS DCJS and law enforcement (police) records are sealed, but not court files or records.
Offenses defined in article 220 (controlled substance offenses), article 221 (offenses involving marijuana), and “specified offenses” in article 410.91(5) are not automatically sealable. In New York, to seal your “rap sheet” you must do the following: (1) draft a conditional sealing motion, (2) file the motion with the appropriate county court, (3) attend an in-court hearing if a request by you or the “District Attorney” is granted by the judge, and (4) convince the judge that your motion should be granted. However, our law firm can accomplish those tasks for you. If you are unable to attend the in-court hearing, we can request for your presence to be excused and attend the hearing on your behalf. Note that if your motion is granted it will be “conditionally sealed.” Therefore, if you are re-arrested, your previous criminal record will automatically be unsealed.
Drug-related offenses such as a felony drug or marijuana offense or a non-drug Willard (eligible) offense require you to file a conditional sealing motion with proper county court. CPL §160.58(2) states that the court “may order all official papers relating to the arrest, prosecution and conviction which resulted in the defendant’s participation in the judicially sanctioned drug treatment program be conditionally sealed.” To be eligible for conditional sealing of a drug-related felony or misdemeanor you must (1) complete a “court-sanctioned substance abuse treatment program” (Diversion, DTAP, or a similar substance abuse treatment program recognized by the court) (2) complete any other sentence imposed following the completion of treatment, and (3) have no pending charges. You may file a motion with the court to conditionally seal a drug-related conviction and up to three (3) of your prior article 220 or 221 misdemeanor convictions (drug-related misdemeanor offenses). Once your “rap sheet” is sealed your records will not be available to anyone except: (1) you, as the defendant or your designated agent and (2) “qualified agencies.” CPL § 160.58(6) The following offenses (felonies and misdemeanors) may be conditionally sealed:
- Burglary in the 3rd degree
- Criminal mischief in the 3rd degree
- Criminal mischief in the 2nd degree
- Grand larceny in the 4th degree
- Grand larceny in the 3rd degree (but not if the property at issue consists of one or more firearms, rifles or shotguns)
- Unauthorized use of a vehicle in the 2nd degree
- Criminal possession of stolen property in the 4th degree
- Criminal possession of stolen property in the 3rd degree but not if the property at issue consists of one or more firearms, rifles or shotguns)
- Forgery in the 2nd degree
- Criminal possession of a forged instrument in the 2nd degree
- Unlawfully using slugs in the 1st degree
- Or an attempt to commit any of the above offenses
- Any class B, C, D or E controlled substance (drug) or marijuana felony offense
- Controlled substance (drug) or marijuana misdemeanor offenses
Rockefeller Drug Law Reform Act of 2009 – CPL § 160.58(1)
Juvenile records are eligible for sealing by filing a notice of motion and affidavit with the appropriate court. Juveniles must wait until their sixteenth (16th) birthday to file a motion to seal their JD adjudication record. Such records may not involve “designated felonies,” such as first degree murder, arson, kidnapping and certain sexual offenses. (NY Family Ct. Act §301.2.) The Court may seal a JD record if it finds that it is in “the interests of justice.” The court will weigh the following factors to determine whether it will order the sealing of your JD record: (1) the time that has passed since you were adjudicated a JD, (2) the seriousness of the offense, and (3) whether you have had further involvement with the juvenile or criminal justice systems. If the court denies your motion, you must wait one year before re-applying. (New York Family Court Law § 375.2.)
Three Classifications:
- Juvenile Delinquents:
A Juvenile Delinquent (JD) is a person between the ages of 7 and 16 charged with a crime that would be a crime for an adult. A Family Court Judge will determine if the respondent will be classified as a JD. A JD adjudication should be automatically sealed, but is still available to law enforcement agencies and prosecutor offices.
If your JD record was not automatically sealed as required by law, you should file a sealing motion in the Family Court where your case was heard (NY Family Ct. Act §375.2(1), (6)). There are no filing fees.
- Youthful Offenders: CPL § 720.35
If you are between the ages of 16 and 18 and convicted of a crime as an adult, the judge may grant you youthful offender (YO) status if deemed “in the interest of justice.” The purpose of YO status is to relieve eligible youth from the disabilities of having a criminal record. A YO record is not a criminal conviction and should be automatically sealed. Such confidential records on file with the NYS Division of Criminal Justice Services (DCJS), law enforcement (police) agencies, and court cannot be seen by anyone. However, the following exceptions apply: (CPL §720.35)
- The institution to which the youth has been committed.
- The division of parole.
- The probation department.
- The statewide registry of orders of protection when an order of protection or family offense warrant is issued.
- The designated educational official (DEO) of the public or private elementary or secondary school in which the youth is enrolled as a student. The DEO shall not have access to any other official records except an order of protection or temporary order of protection issued pursuant to CPL 530.12.
- Statewide registry for orders of protection or a warrant issued pursuant to CPL 530.12.
- Where specifically required or permitted by statute.
- Upon specific authorization of the court.
Removal to Family Court – Sealing CPL 725.15
When a Juvenile Offender case is removed from the Criminal Court to Family Court pursuant to CPL 180.75, all records of the criminal court proceeding should be automatically sealed. Access to the sealed records are governed by the provisions of the Family Court Act. If your YO record was not sealed and still appears on your criminal record, your sealing motion will need to be filed using the same procedures outlined for sealing adult criminal records
- Juvenile Offenders:
A person between the ages of 13 and 15 may be tried as a juvenile offender (JO) for certain felonies, which are determined on a case-by-case basis. These felonies are not eligible for sealing and will be a matter of public record.
If your case was “terminated in your favor” or you were convicted of a sealable violation or traffic infraction, DCJS will automatically seal the case unless there is a “do not seal” order. If your record should have been sealed but was not, you should contact the court clerk in the county you were convicted and ask them what procedure to follow to get your case sealed. The court will require you to either mail them a letter or apply in person before they will issue you an order sealing your record. You will need a copy of your criminal record from the DCJS or the New York Unified Court System. You must then mail the “official disposition slip,” along with a letter explaining that you want to have your case sealed to the DCJS.
Court addresses:
https://www.nycourts.gov
DCJS Contact:
Division of Criminal Justice Services Sealed Records Unit 4 Tower Place Albany, NY 12203-3764
www.criminaljustice.ny.gov
There are five (5) ways to obtain a copy of your criminal record or rap sheet to prepare for your sealing motion in New York:
- Request a copy of your Division of Criminal Justice Services (DCJS) rap sheet – your official arrest and conviction history
- Fingerprints necessary
- All records kept in Albany, NY
- DCJS contracts with a private company called Identogo (MorphoTrust) to process all personal record review requests.
- Total fee is $61.50 – $50 to DCJS and $11.50 for processing.
- Call 1-877-472-6915 (toll free number) or go to http://www.identogo.com/FP/NewYork.aspx to schedule an appointment for fingerprinting.
- Need the ORI Number – NYDCJSPRY – to schedule the appointment.
- The “Request for L-1 Livescan Fingerprinting Services – NYS Division of Criminal Justice Services Record Review Program” form is available for your information. You should bring the application form and the required forms of identification to your fingerprinting appointment. Visit the DCJS website for the form: http://www.criminaljustice.ny.gov/ojis/recordreview.htm
- Office of Court Administration Criminal History Record Search – informal history of your convictions reported by the court system.
- No fingerprints necessary
- Total fee is $65
- Records available online through the Office of Court Administration (www.nycourts.gov/apps/chrs/) (212) 428-2810
- In addition, applications may be mailed or brought to:NYS Office of Court Administration
Office of Administrative Services
Criminal History Record Search
25 Beaver Street (Room 840-Front Counter)
New York, NY 10004
- FBI Rap Sheet – this rap sheet should include information about convictions in every state in the US as well as in Federal court.
- Fingerprints necessary
- FBI records may have errors and missing information
- You can get a copy of your FBI rap sheet by writing to:FBI CJIS Division – Record Request
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
- Your letter should include:Name, address, request for your personal record request pursuant to 28 C.F.R. § 16.30-16.34, return address, telephone number and/or e-mail address.Include the date you would like the results.Date of birth and your place of birth and $18 (either money order or certified check) made payable to the Treasury of the United States or via credit card.
For more information visit the FBI’s website at: http://www.fbi.gov/about-us/cjis/criminal-history-summary-checks
- Instructions for submitting a request directly to the FBI:http://www.fbi.gov/about-us/cjis/criminal historysummarychecks/submitting-a-criminal-history-summary-request-to-the-fbi
- Private Database Companies (Background Check Agencies) – private companies that report on criminal backgrounds. (Not recommended)
- Information is summarized from court records
- Based on your name and date of birth (not fingerprints)
- Errors are frequent
- Lawyer
- Lawyer who handled your criminal court case has a copy of your rap sheet in your file. You may request a copy of your rap sheet from your lawyer.
New York CPL § 160.58 Conditional sealing of certain controlled substance, marihuana or specified offense convictions.
1. A defendant convicted of any offense defined in article two hundred twenty or two hundred twenty-one of the penal law or a specified offense defined in subdivision five of section 410.91 of this chapter who has successfully completed a judicial diversion program under article two hundred sixteen of this chapter, or one of the programs heretofore known as drug treatment alternative to prison or another judicially sanctioned drug treatment program of similar duration, requirements and level of supervision, and has completed the sentence imposed for the offense or offenses, is eligible to have such offense or offenses sealed pursuant to this section.
2. The court that sentenced the defendant to a judicially sanctioned drug treatment program may on its own motion, or on the defendant’s motion, order that all official records and papers relating to the arrest, prosecution and conviction which resulted in the defendant’s participation in the judicially sanctioned drug treatment program be conditionally sealed. In such case, the court may also conditionally seal the arrest, prosecution and conviction records for no more than three of the defendant’s prior eligible misdemeanors, which for purposes of this subdivision shall be limited to misdemeanor offenses defined in article two hundred twenty or two hundred twenty-one of the penal law.
The court may only seal the records of the defendant’s arrests, prosecutions and convictions when:
(a) the sentencing court has requested and received from the division of criminal justice services or the Federal Bureau of Investigation a fingerprint based criminal history record of the defendant, including any sealed or suppressed information. The division of criminal justice services shall also include a criminal history report, if any, from the Federal Bureau of Investigation regarding any criminal history information that occurred in other jurisdictions. The division is hereby authorized to receive such information from the Federal Bureau of Investigation for this purpose. The parties shall be permitted to examine these records;
(b) the defendant or court has identified the misdemeanor conviction or convictions for which relief may be granted;
(c) the court has received documentation that the sentences imposed on the eligible misdemeanor convictions have been completed, or if no such documentation is reasonably available, a sworn affidavit that the sentences imposed on the prior misdemeanors have been completed; and
(d) the court has notified the district attorney of each jurisdiction in which the defendant has been convicted of an offense with respect to which sealing is sought, and the court or courts of record for such offenses, that the court is considering sealing the records of the defendant’s eligible misdemeanor convictions. Both the district attorney and the court shall be given a reasonable opportunity, which shall not be less than thirty days, in which to comment and submit materials to aid the court in making such a determination.
3. At the request of the defendant or the district attorney of a county in which the defendant committed a crime that is the subject of the sealing application, the court may conduct a hearing to consider and review any relevant evidence offered by either party that would aid the court in its decision whether to seal the records of the defendant’s arrests, prosecutions and convictions. In making such a determination, the court shall consider any relevant factors, including but not limited to:
(i) the circumstances and seriousness of the offense or offenses that resulted in the conviction or convictions; (ii) the character of the defendant, including his or her completion of the judicially sanctioned treatment program as described in subdivision one of this section; (iii) the defendant’s criminal history; and (iv) the impact of sealing the defendant’s records upon his or her rehabilitation and his or her successful and productive reentry and reintegration into society, and on public safety.
4. When a court orders sealing pursuant to this section, all official records and papers relating to the arrests, prosecutions, and convictions, including all duplicates and copies thereof, on file with the division of criminal justice services or any court shall be sealed and not made available to any person or public or private agency; provided, however, the division shall retain any fingerprints, palmprints and photographs, or digital images of the same.
5. When the court orders sealing pursuant to this section, the clerk of such court shall immediately notify the commissioner of the division of criminal justice services, and any court that sentenced the defendant for an offense which has been conditionally sealed, regarding the records that shall be sealed pursuant to this section.
6. Records sealed pursuant to this subdivision shall be made available to:
(a) the defendant or the defendant’s designated agent;
(b) qualified agencies, as defined in subdivision nine of section eight hundred thirty-five of the executive law, and federal and state law enforcement agencies, when acting within the scope of their law enforcement duties; or
(c) any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the person has made application for such a license; or
(d) any prospective employer of a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of this chapter, in relation to an application for employment as a police officer or peace officer; provided, however, that every person who is an applicant for the position of police officer or peace officer shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto.
7. The court shall not seal the defendant’s record pursuant to this section while any charged offense is pending.
8. If, subsequent to the sealing of records pursuant to this subdivision, the person who is the subject of such records is arrested for or formally charged with any misdemeanor or felony offense, such records shall be unsealed immediately and remain unsealed; provided, however, that if such new misdemeanor or felony arrest results in a termination in favor of the accused as defined in subdivision three of section 160.50 of this article or by conviction for a non criminal offense as described in section 160.55 of this article, such unsealed ecords shall be conditionally sealed pursuant to this section.
