Can a criminal conviction be expunged in New York
In New York, most criminal convictions cannot be “expunged” in the traditional sense, but certain records can be sealed, limiting who can see them and providing a similar effect. The state’s primary sealing mechanism, found in Criminal Procedure Law § 160.59, allows eligible individuals to petition the court to restrict access to conviction records after a waiting period set by statute. Sealing does not erase the record—it shields it from most employers and the general public, though law enforcement and certain licensing agencies may still view it. For some drug-related offenses, New York’s diversionary and conditional sealing provisions offer additional options, and arrests that did not lead to conviction may be sealed under CPL §§ 160.50 and 160.55. Law Offices Of SRIS, P.C. assists individuals statewide in determining whether their New York criminal record is eligible for sealing and in preparing the necessary court filings. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Criminal Record Sealing Means in New York
New York does not have a general “expungement” statute for criminal convictions; instead, the legislature created a conditional sealing process that achieves many of the same practical goals. Under CPL § 160.59, an individual with up to two eligible convictions—only one of which may be a felony—may apply to the court where the conviction occurred for an order sealing those records. The law requires that the applicant demonstrate rehabilitation and that the benefit of sealing outweighs any public interest in continued access. If granted, the sealed records become inaccessible to most private employers, landlords, and licensing boards, though they remain visible to law enforcement and certain state agencies. The process is distinct from the automatic sealing of arrest records under CPL § 160.50 (when a case ends in a favorable disposition) and § 160.55 (for some violation-level offenses).
Because New York’s sealing framework is statute-specific and fact-intensive, determining eligibility requires a review of the particular convictions, the time that has passed since sentencing, and whether the conviction falls within a statutory exclusion—such as sex offenses, violent felonies, and certain class A felonies. The Marijuana Regulation and Taxation Act (MRTA) created a separate pathway: many past marijuana-related convictions are now eligible for automatic expungement or sealing under different procedures. Throughout New York City’s boroughs—Manhattan, Brooklyn, Queens, the Bronx, and Staten Island—as well as in Nassau, Suffolk, Westchester, and upstate counties, Law Offices Of SRIS, P.C. Regularly evaluates criminal records for sealing eligibility and guides clients through the petition process in the appropriate county court.
How Mr. Sris and His Of Counsel Handle Criminal Record Sealing Cases
When a client contacts the firm about sealing a New York criminal record, Mr. Sris and his Of Counsel begin by gathering the complete criminal history—certificates of disposition for every case, any records of arrest not resulting in conviction, and details about the client’s current employment, housing, and professional-licensing goals. Because New York’s sealing provisions require the petitioner to demonstrate rehabilitation, the team works closely with the client to document evidence of community involvement, stable employment, educational achievements, and other indicia of rehabilitation that can be submitted with the petition.
After determining which convictions are potentially eligible, Mr. Sris and his Of Counsel prepare and file the sealing motion in the court of original jurisdiction. The firm handles all procedural steps—notice to the district attorney, any required hearings, and argument before the judge. The process may also involve addressing any unresolved warrants or open cases that would bar sealing. Throughout, the attorneys maintain regular communication with the client so that expectations remain grounded: sealing is never past results do not guarantee a similar outcome, but thorough preparation maximizes the likelihood of a favorable outcome. Law Offices Of SRIS, P.C. Does not guarantee any particular result; prior outcomes do not guarantee a similar result in any matter.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris brings firsthand insight into how the criminal justice system operates—insight that directly informs the firm’s approach to post-conviction relief, including record sealing. His background in accounting and information systems also proves valuable when evaluating cases with financial or technology-related components. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He works alongside a team of experienced Of Counsel attorneys who collectively bring over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
Can all criminal convictions be sealed in New York?
No; only certain convictions are eligible for sealing under New York’s CPL § 160.59, and many serious offenses are excluded. Generally, an individual may petition to seal up to two eligible convictions, only one of which may be a felony. Offenses that cannot be sealed include most sex offenses, violent felonies, class A felonies, and homicides. The waiting period required before filing depends on the nature of the offense. Moreover, the applicant must show that sealing would be in the interest of justice. Because eligibility is complex and fact-specific, it is important to have an attorney review your criminal record. For a detailed evaluation of your New York convictions, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What is the difference between sealing and expungement in New York?
Expungement generally means the complete destruction or removal of a criminal record; New York does not expunge most adult criminal convictions but instead seals them, limiting access to the information. Under CPL § 160.59, sealed records are not physically destroyed—they are held confidential and cannot be disclosed to most private employers, landlords, or licensing agencies. Law enforcement agencies and some state licensing bodies, however, may still access sealed records. By contrast, New York does provide for expungement in some specific circumstances, such as certain marijuana convictions under the MRTA. For the vast majority of convictions, “record sealing” is the practical mechanism available. A qualified attorney can explain which avenue applies to your specific record. To discuss the details of your matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How do I know if my conviction is eligible for sealing?
Eligibility for sealing under New York law depends on the type and number of convictions, the time passed since the most recent sentence, and the absence of disqualifying offenses. The analysis starts with obtaining a complete certificate of disposition for every criminal case on your record. An experienced attorney then verifies whether the convictions fall within the statutory exclusions, counts the number of eligible convictions, and calculates whether the required waiting period has elapsed. The court must also be satisfied that the petitioner has demonstrated rehabilitation. Because this analysis requires both legal knowledge and practical experience, individuals typically seek an attorney’s review. For guidance on your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer to seal a New York criminal record?
You are not legally required to have a lawyer to file a sealing petition in New York, but an attorney can navigate the procedural requirements and present your case effectively. Sealing motions under CPL § 160.59 require specific documentation—including a sworn statement, certificates of disposition, and evidence of rehabilitation—that must be filed with the court and served on the district attorney. Any mistake can lead to denial or delay. An attorney can also help identify legal arguments that may overcome obstacles in borderline cases. Mr. Sris and his Of Counsel have extensive experience handling record-sealing petitions in New York courts statewide. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How long does the sealing process take in New York?
The time required to seal a criminal record in New York varies depending on the court’s calendar, whether the district attorney files objections, and the complexity of the eligibility issues. After the petition is filed and served, the district attorney typically has a period to respond. If no opposition is filed—or if the parties reach an agreement—the judge may decide the matter without a hearing. If a hearing is necessary, scheduling adds additional weeks or months. Because each case is different, the firm provides clients with a realistic timeline after reviewing the specifics of their case. For a discussion of the potential timeline in your matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
For further reference, consult New York State’s court system website at www.nycourts.gov and the New York State Senate’s laws page at CPL on nysenate.gov.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.