FAQs: Expungement and Sealing

1. How can I expunge my New York record?

You can’t. Convictions from New York courts cannot be erased or expunged. They can not be taken off your record. But you might be able to get some cases “sealed” (read question 2).

If you have convictions in other states, check here to learn about those states’ laws or here for lawyers in other states who may be able to help you.

2. Can I prevent employers from seeing parts of my New York record?

Maybe. Some records in New York are “confidential” (read question 3) and others can be sealed (read questions 4 - 6).

3. What information on my record is confidential?

Arrests ending with either a Juvenile Delinquent (“JD”) “adjudication” (finding) or a Youthful Offender (“YO”) “adjudication” are confidential. This means that the police, the courts and the state keep the information, but they are not allowed to share information about your case with anyone except certain staff at your school, the facility where you are incarcerated, and Parole or Probation, if necessary. The information can also be used to enforce an order of protection.

To find out more about arrests and adjudications before the age of 19, click here.

4. What does it mean to “seal” a record?

“Sealing” means that the case is removed from the RAP sheet sent to employers and others. Fingerprints, palm prints and mug shots also are destroyed. But the information does not disappear from your record altogether. Read question 5 about who can see sealed information, and read question 6 about what cases can be sealed.

It is illegal for most employers to ask about or use sealed or confidential information. This means they cannot ask about it or use it when you are applying for a job or when you are working. It also is illegal for state government agencies who give out occupational licenses to ask about or use sealed or confidential information.

5. Who can see sealed information?

  1. You, if you get a copy of your own RAP sheet.
  2. Any agency you apply to for a gun license.
  3. Your employer, if you apply to work as a law enforcement or a peace officer.
  4. Your employer, if you apply for a job that requires you to carry a gun.
  5. The military, if you apply to enlist.
  6. Your Parole or Probation Officer, if you are arrested while on parole or probation.
  7. Prosecutors and other law enforcement officials, if they show a court that “justice requires” them to have the information.
  8. Sealed convictions for violations, such as disorderly conduct, are available to anyone who goes to the court where the conviction occurred.

6. What kinds of cases can I get sealed?

1. Juvenile Delinquencies (JDs)
JDs result when people who are older than 7 but younger than 16 are convicted of an act that would be considered a crime if the person was over the age of 16.

Note: if the person is 13, 14, or 15 and is accused of certain particularly serious crimes, they may be tried as a Juvenile Offender, which is treated the same way as an adult conviction. These are not JDs and so cannot be sealed.

JDs are confidential but are still available to the criminal justice system. This means that if you are later convicted of a crime, the judge can consider records from the JD when sentencing you.

After you turn 16, you can file a motion with the court to have your JD sealed, as long as you were not convicted of certain types of felonies.

For more information on JDs, click here.

2. Dismissed and Other Cases with no Conviction
These include:

  • Acquittals;
  • Dismissals;
  • Declined prosecutions;
  • Dismissals after an “adjournment in contemplation of dismissal” (ACD).
BUT if your case was dismissed because you were convicted on another charge or another case, it usually cannot be sealed.

Since November 1991, these cases usually are sealed automatically. If your case happened before November 1991 and is not sealed, you may have to file a motion to seal it.

3. Violation convictions (except unlawful possession of marijuana)
A violation is a conviction for a non-criminal offense, such as:

  • Disorderly Conduct;
  • Trespassing;
  • Harassment in the Second Degree;
  • Loitering.
Note: violations of parole, probation or conditional discharge are not violation “convictions.”

Most violation convictions can be sealed. There are three exceptions:

  • Driving While Ability Impaired;
  • Loitering in a Sexually Deviant Manner;
  • If the judge orders that the case not be sealed.
Sealing of these types of convictions often takes one year from the date you were sentenced. Since November 1991, these cases are usually sealed automatically. If your case happened before November 1991 and is not sealed, you may have to file a motion to seal it.

4. Violation Convictions for Unlawful Possession of Marijuana
Convictions for possession of less than 7/8 of an ounce of marijuana are also violations but may be treated differently from other violations.

You may have to wait 3 years before sealing these violations.

Since November 1991, these cases are usually sealed automatically after the 3 years. If your case happened before November 1991 and is not sealed, you may have to file a motion to seal it.

5. Felonies and Misdemeanors
Since October 2009, judges may conditionally seal felonies and misdemeanors in the following very limited circumstances:

  • You completed a court-mandated alcohol or drug treatment program AND
  • You completed any other sentence imposed following the completion of treatment AND
  • You have no pending charges.

Additionally, the New York State Governor can issue an executive pardon. Pardons are extremely rare, though there is now a special process for people seeking pardons to avoid deportation to another country. For additional information on how to apply for a pardon, click here. If you are seeking a pardon in order to avoid deportation, click here or contact the Immigrant Defense Project for more information.

7. What if I am not sure what is on my record?

You should get a copy of your New York State RAP sheet. You can request a copy from the Division of Criminal Justice Services (DCJS), by clicking here, or you can contact the Legal Action Center at (212) 243-1313 to set up an appointment.

8. Is there anything else I can do to improve my chances of getting a job even though I have a criminal record?

Yes, there are many other steps you can take to improve your chances of getting and keeping a job.

First, make sure you know exactly what is on your criminal record. Click here to find out how to get a copy of your RAP sheet.

Second, you can apply for a Certificate of Relief from Disabilities or a Certificate of Good Conduct. Click here to find out about the Certificates and here to find out how to apply.

Lastly, click here to find out more about your employment rights, for example, how to describe your record when filling out a job application, what employers likely will find out about your record, and what laws protect you from job discrimination.