How To Seal Your Criminal Record In New York State

If you have a criminal record and it is preventing you from working or living in certain places, you can actually get it sealed in New York. The Clean Slate Act, which will automatically seal certain records, will go into effect until 2027.

Now, please keep in mind that there is a difference between having you record expunged and having your record sealed. To expunge a record means to remove the crime, as though it never happened. To seal a record means to remove it from view of most people, but the record still exists. Only qualified agencies and law enforcement, including federal, state, and local agencies, can access your record once it is sealed, opening up the opportunity for jobs and housing.

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In order to have your record sealed in New York State, you will need to meet certain criteria.

Follow These Steps To Get Your Criminal Record Sealed In New York

There are quite a few steps and forms you will need to fill out in order to have your criminal record sealed in New York.

1. There is a 10-year waiting period before you can get your criminal record sealed. The decade begins at the date of your conviction or release from prison, whichever is the latest.

2. If you have more than two misdemeanor convictions or one felony and one misdemeanor conviction you cannot get your criminal record sealed.

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.

In addition, certain crimes are not eligible to be sealed, including sex offenses, violent felonies, and serious felonies.

3. You must not have any new convictions or open criminal cases.

4. As of now, you will need to request that your records be sealed, as it is not automatic. When the Clean Slate Act goes into effect in 2027, it will be. Prior to that, you will need to complete a Criminal Certificate of Disposition for each conviction you'd like to seal. You'll take the completed forms to a court for processing. There is a $5 fee for non-New York City courts and $10 fee for courts in the 5 boroughs.

5. You will also need to complete the Sealing Application, also known as the Notice of Motion and Affidavit in Support. You should also attach any proof of rehabilitation, such as community service, educational records, a recommendation letter, completion of a drug or alcohol treatment program, or verification of employment.

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6. You must notify the District Attorney in your case. You can send a copy of your application via certified mail or hand-deliver a copy of the Certificate of Disposition, the Sealing Application, and any other supporting documents to the D.A. If your convictions are in different counties, you will need to provide a copy to each district attorney. After the documents have been mailed or delivered to the D.A., you or whoever delivered them will need to fill out an Affidavit of Service. It will need to be filled out and signed in front of a notary public.

7. File the original copy of each document in court (you can find the court locator here).

The papers must be filed in the court where the most serious conviction was entered. If both cases involve convictions of the same class, the motion should be filed in the court where the most recent conviction was entered.

Make sure you have a copy of each document for your own records. The process is not easy, but it may be worth it for you and your circumstances.

How Do I Know If My New York State Criminal Record Has Been Sealed?

If your sealing application is approved, you will get a court-signed Seal Order. To confirm that your NYS Criminal History Record has been sealed, fill out this Request for Seal Verification form and mail it with a copy of the court signed Seal Order to the NYS Division of Criminal Justice Services (address is on the Request form).

You can find more info here.

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