Can a criminal conviction be expunged in New York
New York does not use the term “expungement” for most criminal convictions; instead, the state offers record sealing under Criminal Procedure Law § 160.59 and automatic sealing for certain offenses. A sealed record generally keeps the conviction from appearing on most private employment and housing background checks, though law enforcement and a narrow list of licensing agencies may still see it. Learn whether your conviction is eligible and what steps you can take. Mr. Sris and his Of Counsel appear in New York courts and can help you understand your options. Call Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your record. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Sealing Means in New York
When a New York criminal record is sealed, the conviction is hidden from routine background checks conducted by private employers, landlords, and licensing boards. It is not physically destroyed, and certain government agencies—including law enforcement, the courts, and some professional-licensing bodies—retain access. New York’s primary sealing mechanism, CPL § 160.59, applies to up to two qualifying convictions after a ten-year waiting period, provided the applicant has no other disqualifying convictions during that time. Sealing can restore important civil and professional opportunities.
In addition to conditional sealing, New York automatically seals records when a case ends in an Adjournment in Contemplation of Dismissal (ACD) or when certain marijuana-related charges are resolved favorably. The 2021 Marijuana Regulation and Taxation Act expanded eligibility, and many older cannabis convictions are now either automatically expunged or sealed. Mr. Sris and his Of Counsel can review your record and advise whether you meet the criteria under current law.
Frequently Asked Questions
Can any criminal conviction be expunged in New York?
New York does not offer expungement for conviction-level records, but many convictions can be sealed under CPL § 160.59. Sealing is available for up to two convictions—including most felonies and misdemeanors, except for sex offenses, violent felonies, and certain other serious crimes. You must complete your sentence, be conviction-free for at least ten years, and have no pending charges. If approved, the records are hidden from most private-sector background checks. Mr. Sris and his Of Counsel can help determine your eligibility.
What is the difference between sealing and expungement in New York?
Sealing hides the record from most private background checks, while expungement would physically destroy it—New York does not expunge adult convictions except under the marijuana legalization law. A sealed record remains accessible to law enforcement and some licensing agencies. Expungement, by contrast, treats the conviction as if it never occurred. Currently, only specific cannabis-possession offenses are eligible for automatic expungement under the MRTA.
Who is eligible for record sealing under CPL § 160.59?
An individual who has been conviction-free for ten years, has no more than two eligible convictions, and is not facing any current criminal charges may apply. The ten-year period runs from the date of sentencing or, if incarcerated, from release. Eligible offense types include most felonies, misdemeanors, and violations. Convictions for sex offenses, homicides, violent felonies, and certain crimes against children are excluded. An attorney can assess your specific rap sheet for qualification.
How does an ACD (Adjournment in Contemplation of Dismissal) affect my record?
An ACD results in automatic sealing when the case is dismissed after the adjournment period, which is usually six or twelve months. Because the case never becomes a conviction, no formal sealing motion is needed. The record will not appear on most criminal-background checks conducted by employers or landlords. If you were arrested and later received an ACD, the arrest and related fingerprints may also be sealed or destroyed under certain circumstances.
Are marijuana convictions eligible for relief in New York?
Yes, many marijuana-related offenses are now automatically expunged or sealed under the Marijuana Regulation and Taxation Act. Possession of up to three ounces by an adult age twenty-one or older is legal, and many past marijuana convictions that are no longer crimes under current law have been automatically expunged. Certain other cannabis charges that remain violations may still appear on a record and may require a separate sealing motion.
How long does the sealing process take in New York?
The timeline varies by case and depends on court scheduling, the completeness of your application, and whether the district attorney’s office opposes the motion. After filing a CPL § 160.59 motion, the court typically sets a hearing date. If the motion is unopposed and all paperwork is in order, a decision may issue within a few months. Contested motions can take longer. Working with an experienced attorney can help you avoid unnecessary delays.
Do I need a lawyer to seal my criminal record in New York?
While you are not required to have a lawyer, the process is technical and errors can result in denial or delay. A motion for conditional sealing under CPL § 160.59 must include a sworn statement, a copy of the rap sheet, and evidence that you have not been convicted of any disqualifying offenses during the ten-year waiting period. Missing documentation or an improperly drafted motion can be fatal to the application. An attorney who practices in New York courts can handle the filing and hearing on your behalf.
Will sealing restore my firearm rights in New York?
Sealing under CPL § 160.59 does not automatically restore the right to possess a firearm if you lost it because of a felony conviction. Federal law permanently prohibits firearm possession by persons convicted of felonies or certain domestic-violence misdemeanors. A certificate of relief from disabilities or a presidential pardon may restore state-level rights, but federal prohibitions remain complex. Consult an attorney about whether any post-conviction relief can restore your specific rights.
How much does it cost to seal a record in New York?
Costs vary depending on the number of convictions, the complexity of the case, and the court fees associated with the motion. There is a filing fee for a CPL § 160.59 motion, and a lawyer’s fees will depend on the scope of work. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss the potential cost for your situation. A consultation allows us to provide a clearer picture based on your specific record.
Can I seal a federal conviction in New York?
No, CPL § 160.59 applies only to New York State convictions; federal convictions are governed by a separate, very limited federal scheme. Expungement of federal convictions is generally unavailable absent a presidential pardon or a finding of actual innocence. If you have both state and federal convictions, a state sealing motion will affect only the state portion of your record. The federal record remains visible to all authorized agencies.
What is the difference between conditional sealing and automatic sealing?
Conditional sealing requires a motion and court approval under CPL § 160.59, while automatic sealing happens by operation of law—for example, when a case ends in an ACD or an eligible marijuana offense is resolved favorably. No action is needed on your part for automatic sealing. For conditional sealing, the applicant must affirmatively petition the court and meet all eligibility criteria. An attorney can help you determine which type applies to your record.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He is admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey. Mr. Sris and his Of Counsel bring extensive combined legal experience to record-sealing and criminal-postconviction matters. They appear in courts across New York, from the five boroughs to upstate counties. Results may vary. To request a consultation, call (888) 437-7747.
Other criminal defense and record-sealing pages you may find helpful:
New York County (Manhattan) Criminal Lawyer
Kings County (Brooklyn) Criminal Lawyer
Queens County Criminal Lawyer
Richmond County (Staten Island) Criminal Lawyer
Nassau County Criminal Lawyer
For more information, visit: New York Criminal Procedure Law, New York CourtHelp: Sealing Criminal Records, and DCJS Record Review.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.