Tuesday, October 17, 2017

New York State’s Limited Sealing Law Takes Effect.

New York State Criminal Procedure Law Section 160.59, entitled "Sealing of certain convictions," took effect Oct. 7, 2017.

Individuals who have been convicted of up to two eligible offenses, but not more than one eligible felony offense, may apply to have those convictions sealed. Eligible offenses may be sealed only after at least 10 years have passed since the sentence was imposed on the latest conviction or, if the sentence included a period of incarceration, at least 10 years since release from incarceration. Offenses that are not eligible for sealing include sex offenses and certain other felony offenses.

Sealing is discretionary with the court and applicants are required to serve notice on the District Attorney in the county of conviction.

Sealing does not equal expungement. Any such sealed records would remain available to the defendant, the defendant’s agent and certain various law enforcement agencies, as well as criminal background checks for firearm purchases.