About clearing a record in New York
The automatic seal waits until no charge is pending. You must also be off probation or parole for that case. It does not cover a sex offense or most class A felonies. An employer the law requires to run a fingerprint check can still see it. Under CPL § 160.59, you file a sworn application in the court of your most serious offense. The ten years run from your last sentence or release from jail or prison. It bars a violent felony, a class A felony, a sex offense or a homicide felony. The district attorney has forty-five days to object. There is a hearing only if the district attorney objects. The judge weighs the time passed, the offense, your conduct since and public safety. A sealed conviction still counts in a later criminal case.
Under CPL § 160.50, certain marijuana convictions are vacated, dismissed and expunged by law. You may ask in writing to have the records destroyed. Under CPL § 160.58, a court may seal a drug conviction once you finish a court drug treatment program. Some other crimes tied to drug use count too. That seal lifts if you are arrested for a crime again.
Remedies in New York
- Sealing