Sealing

Sealing is a remedy offered by courts in some states. Sealing means the public and many employers cannot see your criminal record. In some cases, records related to your criminal conviction are destroyed.

Sealing laws are different depending on your state.

To find out about sealing, select the state where your criminal record is located using the drop-down menu below:

Connecticut - Sealing

Connecticut does not offer "sealing" of criminal history records, but it does offer “expungement,” also known as an "Absolute Pardon."  To learn more about expungement, see section: Connecticut - Expungement.

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State field: Connecticut

Massachusetts - Sealing

What is Sealing?

Massachusetts offers "sealing" of both adult and juvenile criminal records. Sealing limits accessibility to the criminal history record. Usually, only courts and law enforcement can see a sealed record. 

Massachusetts offers two types of sealing:
(1) Administrative sealing; and
(2) Sealing by a court.

Who is Eligible for Sealing?

In general, you are eligible to have a record sealed for misdemeanor and felony convictions and nonconvictions such as not guilty, no bill, no probable cause, dismissal without probation, and nolle prosequi.

You are eligible for administrative sealing of most misdemeanors after waiting three years and most felonies after waiting seven years.

You are eligible for sealing by a court if your case ended with a not-guilty finding, a dismissal, or a nolle prosequi. You are also eligible if you have a first time drug-possession conviction and did not violate probation or any court ordered terms.

What Effect Does Sealing Have?

Once a record is sealed, the Department of Criminal Justice Information Services (DCJIS) limits access to the record. Landlords and employers cannot see sealed records. Courts, law enforcement, and authorized agencies still have access to sealed records. Courts cannot use a sealed record against you when you apply for sealing in the future. If you seal your record, you may legally deny having the record.

When Can I Apply for Sealing?

Here is when you can apply for administrative sealing:

  • For most misdemeanors, you must wait three years after sentencing or release from incarceration. The waiting period begins from whichever date is most recent.
  • For most felonies, you must wait seven years after sentencing or release from incarceration. The waiting period begins from whichever date is most recent.

To apply for a court sealing, waiting periods do not apply.

How Do I Apply for Sealing?

Here are the five steps to apply for an administrative sealing:

  1. Get the “Petition to seal convictions records form.” To access the form, visit the Commonwealth of Massachusetts’ website here: Petition to seal conviction records form.
  2. Complete the form.
  3. Get certified copies of any required documents from the court.
  4. Make copies for yourself. Once a record is sealed, you cannot get copies and you may need them in the future.
  5. File your petition with the Office of the Commissioner of Probation.
  6. Mail the form with supporting documents to this address:

    Commissioner of Probation
    One Ashburton Place
    Boston, MA 02108

Here are the seven steps to apply for sealing by a court:

  1. Get the court's “Petition to Seal” form. To access the form, contact the court clerk or visit the Commonwealth of Massachusetts’ website here: Petition to Seal.
  2. Complete the form.
  3. Collect documents and letters from people who are not family that can support your petition.
  4. Write an affidavit or a sworn testimony about yourself and why you need your record sealed. Under Massachusetts law, the court will look for "credible evidence" that you are at a disadvantage now or in the future because of your record such as obtaining employment, promotions, and housing.
  5. Make copies of everything.
  6. File the original documents with the court.
  7. Go to the hearing.

There are no fees for either type of sealing.

More Information About Sealing

For more information about sealing in Massachusetts, read the "Know Your CORI Rights" booklet. The booklet includes information about the process, links to forms, and other helpful websites. To access the booklet, visit the Greater Boston Legal Services website here: CORI and Juvenile Record Sealing Booklets.

Related Links

Massachusetts Legal Help
Massachusetts Government

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State field: Massachusetts

New York - Sealing

What is Sealing?

Sealing means that your record still exists, but all fingerprint and palm print cards, booking photos, and DNA samples related to the sealed case are returned to you or destroyed. Digital fingerprints, even if they are from the sealed case, are not destroyed if you already have fingerprints on file from a different unsealed case. When your case is sealed, records from the Division of Criminal Justice Services (DCJS), Police, Prosecutor, and in some cases, court files, are hidden from the public.

Statewide, under the 2017 sealing law, and then amended by the 2024 Clean Slate Act, your record is automatically sealed after a specified amount of time, depending on the type of criminal conviction.
 

Who is Eligible for Sealing?

Under the Clean Slate Act, all felony and misdemeanor convictions under New York State law are eligible for sealing, including:

1. Cases where you got a good result. This means:

  • Acquittal. The judge or jury found you not guilty after a trial;
  • Dismissal. The case ended for a reason other than acquittal, but the court did not find you guilty. Possible dismissals include: Dismissal by Grand Jury (no true bill), Dismissal of the Information, and Dismissal in the Interests of Justice;
  • Dismissal after Adjournment in Contemplation of Dismissal (ACD). If you were not arrested again during a time period determined by the judge, your case was dismissed.
  • Decline Prosecution (Nolle Prosequi). The prosecutor decided not to move forward with the case against you.
  • Decline to File Accusatory Instrument. The police decided not to move forward with the case against you. Order Setting Aside the Verdict. The judge changed the verdict after trial and before sentencing.
  • Order Vacating a Judgment. The judge canceled the judgment after you were sentenced.
  • Habeas Appeal. A challenge to an unlawful arrest or imprisonment.

2. Crimes Committed by Children.
3. Crimes committed by Youthful Offenders.
4. Violations and Traffic Infractions, like disorderly conduct and trespass, are partially sealed.

Automatic sealing only applies to criminal convictions under New York state law, and does not apply to federal crimes or convictions from other states.
 

What Effect Does Sealing Have?

After you have sealed your arrests, prosecutions, and convictions, you do not have to tell an employer about that part of your criminal record, unless a judge orders otherwise.
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 their 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 access your records upon presentation of 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 agencies, 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 visits the court, including employers, will be able to view 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 responds to requests from 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 can 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 closed and ruled in your favor, the case will once again be sealed.

How Long Is the Waiting Period Under Clean Slate?

Under Clean Slate, the waiting period begins the day you are sentenced or released from incarceration (whichever is later). During the waiting period, you cannot have any other criminal convictions and must have completed any probation or parole for the conviction being sealed.

For Misdemeanors: Three years from sentencing or release from incarceration, whichever is later.

For Felonies: Eight years from sentencing or release from incarceration, whichever is later.

For Driving While Ability Impaired by Alcohol (DWAI): Three years. 

What Happens If You Are Convicted Of a New Crime After An Old Conviction Is Sealed? 

Once a case is sealed under the Clean Slate Act, it will not be unsealed if you are arrested or convicted again. 

What Happens If You Are Convicted Of a New Crime During the Waiting Period?

If you are convicted of another misdemeanor or felony during the waiting period, the time resets. You will have to wait another three or eight years, depending on the conviction.

Traffic infractions and violations are not criminal convictions, and therefore, will not affect your time calculation. 

What Jobs Can Access My Sealed Convictions?

Certain types of jobs will be able to access and review your convictions, even if it is sealed. These job exceptions include:

  1. Entities that run fingerprint-based background checks for work that invovles vulnerable populations (e.g., children, the elderly and disabled individuals)
  2. The New York State Education Department
  3. Private transportation companies (e.g., Uber and Lyft)
  4. Police and peace officers, which include corrections officers and some armed security guards working for the government

Can Non-Employment Agencies Access My Sealed Records?

The following entities will be able to access your records even if they are sealed:

  1. Police, prosecutors, defense counsel, judges, and court officials 
    1. Biometric information (e.g., DNA and fingerprints) will remain accessible for law enforcement and prosecutors. 
  2. Local, state, and federal agencies for firearm license background checks 
  3. The Department of Motor Vehicles (specifically, driving-related sealed records)

Do I Need to Take Any Action to Have My Convictions Sealed?

No. Once you meet the basic eligibility requirement, sealing under Clean Slate will happen automatically. There is no application process to complete and you will not be notified when your record is sealed. New York State has until November 16, 2027, to seal all eligible convictions. 

However, if you would like to confirm that your record has been sealed, you may obtain a Certificate of Disposition (CoD). In addition, if you were represented formally by indigent legal services or are currently represented by legal services the fee for the certificate is waived. Also, individuals who can establish they are low income may have the fee waived.

Blank Certificate of Disposition

Example Certificate of Disposition

For more information about the Clean Slate Act, click HERE.

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State field: New York

Pennsylvania - Sealing

What is Sealing?

Pennsylvania offers sealing, also called "limited access." Sealing a record means that the record is not available to the public. The record does not disappear as government agencies such as the Pennsylvania State Police (PSP) and courts can still see the records for approved purposes. Most employers cannot see a sealed record.

In 2018, "Clean Slate" law expanded opportunities for sealing. Clean Slate is the first law in the nation to automatically seal certain criminal records from public view. In addition, more types of offenses are eligible for sealing under this law. This includes some first-degree misdemeanors, which can now be sealed through petitions.

Arrest records will be sealed after charges are dropped and some minor conviction records will be sealed after 10 years. Automated sealing began on June 28, 2019. By June 27, 2020, over 30 million cases will be sealed, without the cost of filing petitions in court. 

Who is Eligible for Sealing?

Pennsylvania expanded eligibility for sealing under its Clean Slate law. Between June 2019 and June 2020, the state will create an automatic process to seal arrests (not convictions) within 60 days.

After 10 years, the state will also automatically seal records of summary convictions, such as disorderly conduct, simple trespass, and public consumption of alcoholic beverages. Some second and third-degree misdemeanor convictions will be automatically sealed after 10 years if there are no other convictions within that same time period.

Other offenses that may be eligible for sealing include these:

  • Some first-degree misdemeanors that are non-violent or sexual
  • Second-degree simple assault after 10 years
  • Some first-degree misdemeanors or felonies after 10 years
  • Some second-degree or higher misdemeanors after more than 10 years

In other words, here is a partial list of what you cannot seal:

  • First-degree misdemeanors involving violent crimes or sex offenses
  • Misdemeanors if you have had a conviction within 10 years
  • Misdemeanors if you have ever had a first-degree felony conviction
  • Misdemeanors if you have had 2 or more felony or first-degree misdemeanor convictions within 15 years
  • Misdemeanors if you've had more than 4 convictions (excluding third-degree misdemeanors) in the last 20 years

You will not be eligible for sealing a record if you have not paid all court fines and costs. To find out if you owe any money, go to the Unified Judicial System website here: Common Pleas Courts Docket Sheets and search by name. Then call the court where you owe the money and ask them how to pay. If you have a credit card, you can pay online here: Pay Fines, Costs, & Restitution Online.

If you owe court fees in Philadelphia, go to the basement of the Juanita Kidd Stout Center for Criminal Justice located at 1301 Filbert St, Philadelphia, PA 19107 to pay.

Sealing eligibility in Pennsylvania is complicated. You should speak to an attorney about your eligibility for sealing.

For a detailed list of excluded and disqualifying convictions for automatic sealing, visit the Community Legal Services website here: Pennsylvania Clean Slate Summary - Automatic Sealing.

If your conviction is not eligible for automatic sealing, it may be eligible for petition-based sealing. For example, certain misdemeanors of the first degree are eligible for petition-based sealing.

For a detailed list of excluded and disqualifying convictions for petition-based sealing, visit the Community Legal Services website here: Pennsylvania Clean Slate Summary – Petition-Based Sealing.


Felony convictions are not eligible for sealing at any time.

What Effect Does Sealing Have?

Once a record is sealed, only you, your attorney, law enforcement, judges, and some state licensing agencies can see a record. The general public, schools, landlords, and most employers cannot see a sealed record because it is no longer public.

For More information about who has access to sealed records, visit the Community Legal Services website here: Pennsylvania Criminal Record Sealing “After Care.”

When Can I Apply for Sealing?

You can apply for sealing only after you have completed your sentence and paid all fines and court costs.

For almost all convictions, you will have to wait at least 10 years to apply for sealing. For arrests, Pennsylvania's automatic process will seal the record within 60 days.

To find out out if your criminal record has been automatically sealed, follow the instructions here: Automatic Sealing - Check Your Public Record .

How Do I Apply for Sealing?

Here are the six steps to apply for petition-based sealing:

  1. File a petition for sealing with the court in the county where your case was heard. Each court has different processes to file petitions so you should contact your local court or legal aid program for more information.
  2. Go to the clerk of the court in the county where you were charged.
  3. File your petition with any supporting documents with the clerk.
  4. Send another complete petition to the District Attorney for that county within 10 days. Pennsylvania law requires that the DA is notified and has the opportunity to object to your sealing petition.
  5. Pay the fee if required.

    The fee for sealing is usually $132. You must pay the court clerk with cash, credit card, money order, or certified check. If you cannot pay the fee, you have the right to have the fee waived. To get a fee waiver, file a petition to "Proceed in Forma Pauperis" (IFP). This means you have a low income and cannot afford the fee. Ask the court clerk for the form or search for it online here: Pennsylvania Courts Forms. File this petition form with the clerk. The judge will decide if you qualify for a fee waiver.

     
  6. Wait for the result. If the District Attorney does not object to your sealing petition, the judge will probably grant it and notify you by mail. If the District Attorney objects, the court will hold a hearing. You will have the opportunity to present your case. Then you will have to wait and see what the judge decides.

More Information About Sealing

The Community Legal Services and the Pennsylvania Bar offer free clinics about the Clean Slate review process. You can find out more and register for a clinic here: Community Legal Services of Philadelphia and PA Law Help.

Your local legal aid group can also help. To find your local legal aid group, visit: Pennsylvania Legal Aid Network.

The Pennsylvania Bar has a helpful brochure about sealing and expungement online, here: Understanding Expungement and Limited Access to Criminal Records.

 

 

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State field: Pennsylvania