New York State is one of the only states that does not allow for expungement of criminal convictions. However, a new law, Criminal Procedure Law § 160.59, now allows for sealing of more convictions.
Under the new law those convicted of a crime can apply to the court to have their record sealed. To qualify, ten years must have passed since the imposition of sentence on the most recent conviction. An applicant cannot have any pending charges either. Sealing is not automatic, as the judge reviewing the motion has the discretion in deciding whether to grant sealing.
Under the new law, many crimes are eligible for record sealing, including misdemeanors, many felonies, and Driving While Intoxicated (DWI) convictions. Convictions which are ineligible for sealing include:
- an offense contained in § 236 of the Penal Law (sexual performance by a child)
- a sex offense defined in § 130 of the Penal Law
- homicide (an offense contained in § 125 of the Penal Law)
- a conviction for a violent felony as defined in Penal Law § 70.02
- a Class A felony
- Conspiracy convictions where the underlying offense would not be eligible for sealing
- Offenses that require registration as a sex offender
- A person with 2 or more felony convictions
This new law was signed recently enacted. If you have been convicted of a crime anywhere in the State of New York and want to know if you can have your record sealed, contact our firm at 914-777-2990 to discuss making the requisite application to seal your record.