How to Get a Criminal Record Expunged or Sealed in New York

Arrest records may be sealed in the State of New York.

Unlike many other states, the State of New York does not allow a criminal conviction to be expunged under any circumstances. New York does allow for records to be sealed in cases where a criminal action has been terminated in favor of the defendant. Once the records have been sealed, they are only available to the defendant, his representative, agencies that issue firearms licenses, law enforcement agencies, and parole or probation departments, if the defendant is being supervised by the department.

Instructions

1. Have your criminal case terminated in your favor. For purposes of the statute, a termination in your favor means a dismissal of all charges, an order of aquittal, an order setting aside a verdict, an order invalidating the conviction or a situation where you were arrested but no charges were actually filed.

2. Request that the judge in the court where your case was heard order the clerk to seal all records pertaining to your case. This is mandatory on the part of the judge if your case was terminated in your favor.

3. Wait two to four weeks for the judge's orders to be acted upon by the commissioner of the division of criminal justice services and the heads of all appropriate police agencies.

4. Request a copy of your criminal record from the New York State Division of the Division of Criminal Justice Services to ensure the record of your arrest does not appear.

References

• New York Law:Criminal Procedure Section 160.50

Resources

• Criminal Justice Services