Can criminal records be sealed in New York?
Yes. Criminal Procedure Law 160.50 allows for the sealing of criminal records, and the destruction of fingerprints, palmprints, photographs, proofs and copies thereof, when the outcome of the criminal case is "favorable to the defendant" and after the passage of time defined by law.
Cases become favorable for sealing immediately upon a favorable finding of:
- Acquittal
- Outright dismissal
- Upon dismissal after an Adjournment in Contemplation of Dismissal pursuant to CPL 170.55/170.56.
Note: Abated by death is NOT a favorable disposition.
Cases become favorable for sealing three years after the crime occurred for fingerprintable cases reduced to Penal Law 221.05 (marijuana) for which there was a plea or conviction.
Other New York Criminal Law FAQs
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Q:
In New York, does a person have the right to obtain a copy of their criminal record?
A: Yes. Pursuant to 9 New York Code of Rules and Regulations Part 6050.1, an individual, or his or her attorney who has been authorized in writing, has … More -
Q:
How does a person obtain a copy of his or her criminal record in New York?
A: A person can obtain a copy of his or her criminal record by requesting a Record Review Packet from the NY Division of Criminal Justice Services (DCJS), and following … More -
Q:
There is incorrect information in my New York criminal history report. How do I change it?
A: If your Criminal History Report Information (CHRI) is incomplete or inaccurate, you may challenge it and request a modification. The challenge process gives you … More -
Q:
Can I expunge my criminal history record in New York?
A: No. In New York, while some criminal history information may be "sealed," such sealed criminal history information is not expunged or deleted … More -
Q:
Are youthful offender records sealed?
A: Yes. Under CPL 720.35, "Youthful Offender" records are confidential and sealed as follows: "Youth" means a person charged with a crime … More
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