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Sealing Old Convictions

Sealing Convictions Older Than Ten Years

New York’s sealing law, CPL 160.59, allows people who have been convicted in no more than two cases (only one of which can be a felony case) to apply to seal certain convictions that are over 10 years old. It provides an opportunity for those who have been law-abiding to keep a conviction in their past. 

Certain offenses are NOT eligible: 

  • Sex offense defined in Penal Law Article 130
  • Offense requiring registration as a sex offender
  • Sexual performance by a child defined in Penal Law Article 263
  • Class A felony
  • Violent felony defined in Penal Law § 70.02
  • Felony conspiracy to commit an ineligible offense
  • Felony attempt to commit an ineligible offense

To apply for sealing, you must file a motion with the court where you were convicted. You must also serve a copy to the District Attorney. The judge and District Attorney will then make a decision based on your motion, or they can require a hearing to further inform their decision. Please consult with an attorney before starting the process. 

The Office of Court Administration website has instructions. Click on this link: http://nycourts.gov/FORMS/cpl_160.59_sealing_application/index.shtml

Certificates Of Disposition

A Certificate of Disposition is an official court document affixed with the Court Seal that says what happened in a criminal case. It says the crime you were charged with, what you were convicted of, the date you were convicted and the sentence you received. When you apply for a job, you may be asked to get a certificate for each of your convictions. 

Criminal Certificate of Disposition Information and Request Forms can be obtained by clicking on this link: https://nycourts.gov/courthelp/criminal/CD.shtml