A common misconception for those seeking a fresh start in New York is that they can ‘expunge’ their criminal record. However, New York does not offer expungement, meaning no process exists to legally erase or destroy a conviction. The closest alternative is ‘sealing,’ which effectively hides your criminal history from the public eye. Please continue reading to learn how the sealing process works and how a knowledgeable Nassau County Criminal Defense Attorney can help you determine your eligibility. 

What’s the Difference Between Sealing and Expungement?

Unlike states that allow records to be erased, New York doesn’t offer expungement. Instead, the state offers a process known as “sealing.” While your conviction, fingerprints, and mugshot remain part of your official criminal history, the impact is significant:

  • Records are hidden from most private employers, landlords, and licensing agencies. 
  • You generally have the legal right to state you have no sealed convictions when applying for most jobs. 

How Long Do You Actually Have to Wait?

To be eligible for sealing, you must satisfy a strict timeline. The eligibility clock requires: 

  • A 10-year waiting period that starts from either your sentencing date or the day you were released from incarceration, whichever happens last. 
  • You must remain free of any new criminal convictions throughout this entire decade, as a new offense will effectively reset or disqualify you from eligibility. 

How Many Offenses Can Be Sealed?

New York law limits the number of convictions you can seek to seal. You are capped at a maximum of two convictions, with strict limits on the severity of those offenses:

  • The absolute limit is two convictions. 
  • You cannot seal more than one felony conviction. 
  • Acceptable combinations include two misdemeanors or one felony paired with one misdemeanor.

Are All Convictions Eligible for Sealing?

Certain serious offenses are permanently excluded from the sealing process. This means that if your record includes any of the following, the law does not provide a path for relief: 

  • Sex offenses
  • Violent felonies as categorized by New York Penal Law 
  • Class A felonies 
  • Any conspiracy or attempt to commit the above offenses. 

Is Sealing Guaranteed After Ten Years?

Sealing is not an automatic result of waiting the required time. It requires a formal motion to the court, and the decision rests entirely with a judge. Given the fact that this is a discretionary process, your presentation matters significantly: 

  • A judge will evaluate the nature of the offense and the amount of time that has elapsed. 
  • Proving rehabilitation, stability, and the specific hardships caused by your record is critical to persuading a judge to grant your motion. 

Are There Alternative Paths to Consider?

Yes, there are alternative paths that exist for specific situations: 

  • CPL § 160.55: Handles violations and non-criminal dispositions, often automatically, by removing fingerprint records while keeping court records accessible. 
  • CPL § 160.58: Offers conditional sealing for those who have completed judicially sanctioned drug treatment programs, covering specific drug felonies and prior misdemeanors, provided no new arrests occur.  

To determine your eligibility for sealing, it’s advisable to contact KCS Law. Our legal team is prepared to help guide you through this complex process.