About New York’s New Sealing Law

1. Who is eligible?

• Under the new sealing law, which goes into effect October 7, 2017, individuals who have been convicted of up to two crimes* may be eligible to have their convictions sealed.
   
• You are not eligible if more than one of your criminal convictions is a felony.*
  
  *Note: if you were charged and convicted of multiple crimes during one incident, the court may choose to consider those multiple convictions as one incident or conviction when considering your application. 
   
• You are not eligible if either of your convictions falls into the categories below:     
  1. Sex Offenses
  2. Sexual Performance by a Child
  3. Homicide
  4. Violent Felony Offenses
  5. Class A Felonies
  6. Conspiracy to Commit #1-5 above
  7. Attempt to Commit #1-5 above if the Attempt is a Felony
  8. Offenses that Require Registration as a Sex Offender (SORA)        
      

2. When can I become eligible?

• Individuals who meet the criteria for sealing will be eligible beginning ten years after their most recent conviction or release from incarceration, whichever was most recent.
   

3. Who makes the decision on my application? 

• The judge who sentenced you on your most serious conviction.
   

4. What factors will the judge take into account? 

• Any objection from the District Attorney
• Any statement from the “victim” of your offense
• The time that has passed since your most recent conviction
• The circumstances and seriousness of your conviction
• Evidence of rehabilitation
• The impact that sealing would have on your rehabilitation and reentry
• The impact that sealing would have on public safety and public confidence and respect for the law
   

5. Who can see my sealed cases?

• Any law enforcement agency, if you are the subject of a law enforcement investigation or are applying for a firearm license or a law enforcement job
• The prosecutor and judge, if you become involved in another criminal case
   

6. Can CSS help me figure out if my cases are eligible for sealing?

• Yes. The Next Door Project staff will review your rap sheets to determine your eligibility, and if you are eligible, our attorneys may be able to assist you with your application.

Please note that the office of Governor Cuomo has also released a Fact Sheet on the new Sealing Law. 

Questions? Call CSS at (212) 614-5441 and leave us a message (please state the reason for your call). We will return your call promptly, and discuss how we may be able to assist.

Please note that leaving us a message does not create an attorney-client relationship. That happens only after we confirm that no conflict of interest exists, and then only after execution of a retainer agreement.

The information on this fact sheet is for general information purposes only, and does not constitute legal or other professional advice.