ELIGIBILITY

The law permits two (2) eligible offenses to be sealed, but not more than one eligible felony offense.

• 10 years must have passed since the imposition of the sentence on the most recent conviction, and the applicant can’t have any criminal convictions within the preceding ten (10) years. 

• You can have no more than 2 criminal convictions.

• You are not eligible if more than one of your criminal convictions is a felony.

If you have more than (2) convictions, you can still be eligible if your convictions are related to the same one or two incidents.

You are not eligible if either of your convictions falls within the categories below:

• Sex offenses defined in Penal Law Article 130

• Offenses requiring registration as a sex offender

• Offenses involving sexual performance by a child 

• Class A Felony

• Violent Felony Offenses

• Felony conspiracy to commit an ineligible offense

• Felony attempt to commit an ineligible offense

Who Makes The Decision On My Application?

The judge who sentenced you on your most serious offense makes the decision of your application. However, the District Attorney can object to your sealing, and a hearing will be conducted to make a determination.