How to Seal Court Records in New York
New York State allows individuals to seal their criminal records in a limited set of circumstances. A sealed record is inaccessible to the public, and can be legally denied to employers (except law enforcement), but it can also be used in future court cases against a defendant. A motion to seal a court record must be filed with the court that had jurisdiction over the case originally. Courts have the power to determine whether or not sealing is warranted.
Other People Are Reading
Instructions
-
-
1
Determine whether or not you are eligible to seal your record. New York State law stipulates that courts are only allowed to seal records when there is "good cause" and it is in the interest of the public to do so. Although courts are often willing to seal records of minor violations, including disorderly conduct, records of more serious crimes, including misdemeanors and felonies, generally cannot be sealed.
-
2
Consider hiring an attorney. Sealing your record can take months and may require your presence at a hearing in which you will have to argue your side of the case. Hiring a lawyer to take care of the process could save time and heighten your odds of success.
-
-
3
File a motion to seal with the clerk of the court in which you were originally charged. This motion should explicitly state your desire that the court seal your record and lay out why your record is not a matter of public interest -- and should be kept private.
-
4
Wait. Courts typically take 4 to 5 months to process motions. The clerk will be in contact with you if the government decides to challenge your motion.
-
5
Appear in court, if your motion is challenged and a hearing is held.
-
1
References
- Photo Credit New York state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
