Overview Description

Records of one or two eligible convictions, only one of which may be a felony, can be sealed by the court 10 years after conviction or release from incarceration, if applicable. N.Y. Crim. Proc. Law § 160.59. (Cannot link directly to statutes.)

Ineligible Category or Citation

Class A felonies, violent felonies, and most sex offenses are ineligible for sealing. N.Y. Crim. Proc. Law § 160.59(1)(a).

Procedure General

The petition must be filed in the court where the more serious conviction occurred, or, if both are the same level, where the last conviction occurred. For the specific procedure, see N.Y. Crim. Proc. Law § 160.59.

Fees

There is no statutory language regarding fees.

Effect

Records of the arrest and prosecution are sealed and made unavailable to any person or agency, except for specified entities. The state Division of Criminal Justice Services retains fingerprints, palm prints, and photographs. N.Y. Crim. Proc. Law § 160.59.

Waiting Periods

The petition can be filed 10 years after the conviction or release from incarceration.

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