Overview Description

Records of a criminal proceeding resulting in a conviction for a traffic infraction or a violation can be sealed by the court. N.Y. Crim. Proc. Law § 160.55.
(Cannot link directly to statutes.)

Ineligible Category or Citation

Convictions for loitering as described in section 160.10(d) or (3) or operating a motor vehicle while ability impaired as described in section 1192 of the vehicle and traffic law are ineligible for sealing. N.Y. Crim. Proc. Law § 160.55(1).

Procedure General

The procedure is automatic. Unless the district attorney demonstrates to the court that the interests of justice require otherwise, or the court on its own motion determines the interests of justice require otherwise, the clerk of the court will notify the the appropriate people and agencies that the action has been terminated by such a conviction. N.Y. Crim. Proc. Law § 160.55(1).

Fees

There is no statutory language regarding fees.

Effect

Photographs, palmprints, and fingerprints are destroyed or returned, with certain exceptions. The record of the criminal action will be sealed. N.Y. Crim. Proc. Law §§ 160.50(1)(a)-(c).

Waiting Periods

The records are sealed upon conviction for a noncriminal offense, unless the district attorney or the court gives at least five days notice to the defendant. N.Y. Crim. Proc. Law § 160.55(1).

(non-prod server)