New York - Sealing

Who is Eligible for Sealing?

There are four types of cases that are closed or sealed without you having to do anything:

Sealing means that the record still exists, but all related fingerprint and palm print cards, booking photos, and DNA samples are returned to you or destroyed. (Digital fingerprints are not destroyed if you already have fingerprints on file from a different unsealed case).

On your RAP sheet, cases that are sealed will be followed by the code “sealed 160.50” or “sealed 160.55” to indicate its status as sealed. When your RAP sheet is sent to employers, commercial reporting agencies, and other outside agencies who do not have access to sealed cases, your cases that have been sealed should not appear at all.

When your case is sealed, records are hidden that are related to the Division of Criminal Justice Services (DCJS), Police, Prosecutor, and in some cases, court files, except in these circumstances:

• You request your sealed records with proper identification;
• You authorize someone to get access to your records with proper identification;
• You apply for a job where you carry a gun;
• You are arrested while on parole or probation;
• Adjournment in Contemplation of Dismissal (ACD) on a marijuana charge; or
• A law enforcement agency makes a request to the court.

Under the new sealing law passed in October of 2017, sealed records will remain available only to "qualified agencies." This includes agencies within the criminal justice system such as courts, law enforcement, law enforcement-related jobs, or employers responsible for issuing firearms.

Under the new law, court files may still be accessible within the criminal justice system. This means that anyone who goes to the court, including an employer, will be able to see the conviction information.

Out-of-state and federal arrests and convictions are not a part of your New York criminal record. New York’s sealing rules have no effect on them. When the DCJS seals a case, they are supposed to notify the FBI to do the same thing. The FBI does not seal cases on its own, it simply responds to the requests of the DCJS. Therefore, you should make sure that your case is sealed both with DCJS and the FBI.

See section: How to Get Your RAP Sheet

Seals are conditional, meaning that being arrested for another felony or misdemeanor crime would result in the records being unsealed.

Records cannot be sealed while any charges are pending. If you are arrested or charged with a misdemeanor or felony offense following the sealing of your records, the records automatically become unsealed. If the case is then found to be terminated in your favor, the cases will once again be sealed.

When Can I Apply for Sealing?

Your case should be automatically sealed if the case was resolved in your favor, you completed a DTAP or other treatment program, or you are otherwise eligible.

If you were convicted, and are otherwise eligible, you may apply for sealing 10 years after the date of your conviction or release from imprisonment, probation, or parole.

How Do I Apply for Sealing?

Cases closed after November of 1991 that are eligible for sealing are likely to be sealed automatically (court notifies the Division of Criminal Justice Services who then seals the records).

Cases closed before 1991 are typically not sealed automatically. If your RAP sheet shows cases that you believe should be sealed, you should follow these steps:

• Obtain a Certificate of Disposition slip (or an official court record of the case) from the court where your case was filed.
• Look for the “sealed” stamp. If you do not find one, ask the clerk to check the court file and stamp the disposition, if the file authorizes its sealing.
• Send the disposition slip to the DCJS with your fingerprint card and a letter explaining that you want the case sealed.

Contact the court clerk where your case was filed and ask how to apply to seal a case, if the court records do not have a "seal order." The Court Clerk may be able to do this for you, or you may have to write a letter, or you may have to make a motion.

• If the court requires you to apply through a letter, ask the clerk for the contact information of the person to whom you must send the letter. Include any case-identifying information such as name, address, arrest, court dates, and your NYSID number in the letter.

To find the contact information for local courts, go to: New York State Unified Court System

Use this Sample Sealing Letter as a guide to submit to the Court Clerk's office:

‌Sample Sealing Letter

• If the court requires you to apply through a sealing motion, send a copy of your sealing motion and affidavit to the District Attorney’s Office (DA) where your case was filed. Send another copy of your sealing motion to the court clerk. If your sealing motion is approved, the DCJS will be sent a sealing order.

To find the contact information for local District Attorneys' offices, visit: New York State Prosecutors' Offices

Use this Sample Sealing Motion as a guide to submit to the Court Clerk and District Attorney's office:

‌Sample Sealing Motion

If you qualify for the new sealing law passed in October 2017, follow these six steps:

1. Fill out an application which must include the eligible offense(s) (seeWho is Eligible) and your reasons for requesting a Sealing Application;

   Use this Sealing Application to submit to the court:

   ‌Sealing Application;

   For the latest version, please visit the New York State Unified Court System website here: Application to Seal a Criminal Conviction

   ‌Please print this form or complete using a computer. If you have trouble editing this form on your computer, try using the Chrome web browser.

2. Submit the sealing application to the court where your most serious offense occurred, or to the court where you were last convicted, if all the offenses are the same class of crime;

   To find the contact information for local courts, click here: NY Courts.gov

3. The judge will review your application to see if you qualify under New York State Criminal Procedure Law Section 160.59 (see Who is Eligible);
4. The Department of Probation and/or Parole will conduct an inquiry;

5. The District Attorney’s Office in the jurisdiction where you submitted your sealing application will review your application and has 45 days to object to the application;

   To find the contact information for local District Attorneys’ Offices, click here: New York State Prosecutors' Offices

6. If there is an objection by the District Attorney’s Office, then the court will conduct a hearing and make a decision. You or your attorney should go to the hearing. If there is no objection by the District Attorney’s Office, the court will decide the application without a hearing.