Records relating to specified controlled substance convictions can be conditionally sealed by the court upon the successful completion of drug treatment. N.Y. Crim. Proc. Law § 160.58.
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Ineligible Category or Citation
This statute applies only to offenses specified in articles 220 or 221 of the penal law or section 410.91(5) of the criminal procedure law. If the court conditionally seals the record following the judicially sanctioned drug treatment program, it may also conditionally seal records for no more than three of the defendant's prior eligible misdemeanors, as defined in articles 220 or 221 of the penal law. N.Y. Crim. Proc. Law § 160.58(1), (2).
Procedure General
The petition must be filed in the sentencing court, or the court can order the record sealed on its own motion. For the specific procedure, see N.Y. Crim. Proc. Law § 160.58.
Fees
There is no statutory language regarding fees.
Effect
Records of 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. Records are unsealed in the event of a subsequent arrest or charge. N.Y. Crim. Proc. Law §§ 160.58(4)-(6), (8)
Waiting Periods
The petition can be filed upon completion of drug treatment.
