Although New York State does not allow you to expunge/completely erase your criminal record information when you have been convicted of a crime, it does allow you to “seal” your criminal record under certain circumstances.

When your criminal record information is sealed, your fingerprints, palm prints, mug shots and information about the arrest are removed from your record of arrest (Rap Sheet) which will prevent employers and others from reviewing them. However, a record of all your arrests will still remain in a confidential file with the Division of Criminal Justice Services (DCJS).

What Kinds Of Cases In New York Can Be Sealed?

Under Criminal Procedure Law §160.50, arrests that were “terminated in your favor,” such as arrests that ended in acquittals, dismissals, decline prosecutions, or adjournments in contemplation of dismissal (ACD which is an adjourned case with a waiting period to be dismissed) are automatically sealed by the court.

Under Criminal Procedure Law §160.55, non-criminal offense, which includes most violations can be also be sealed. Misdemeanors and Felonies on the other hand cannot be sealed.

When Can Your Sealed Information Be Release?

If you are applying for a job as a law enforcement or peace officer, or any other job that requires you to carry a gun, the employer can access your sealed criminal record.

If you are arrested while on parole or probation, your parole or probation officer can access your sealed criminal records. Prosecutors and other law enforcement officials presiding over your case can also access to your sealed records.

If you need help with getting a possible criminal conviction mitigated or sealed from your Rap Sheet in New York City, call my office at (212)577-6677 to get professional legal assistance.