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