The New York Second Chance Sealing Gap
The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.
Sources: Restoration of Rights New York Report (August 2020)
Summary of the Law
Subject to some statutory exceptions and additional conditions, New York State Criminal Procedure Law (CPL) 160.59 permits record sealing for those with no pending criminal charges, open warrants, or active restraining orders after a 10-year waiting period (analysis data as of March, 2020) from the completion of their sentence. Commission of any one of the following offenses render a person ineligible for record sealing:
- Sex offenses under New York Penal Law §§130 and 263
- Felony offenses under New York Penal Law §125
- Violent felonies and Class A Felonies under New York Penal Law §70.02
- Any Class A felonies under New York Penal Law
- Felony offenses New York Penal Law §105 where the underlying offense is not an eligible offense
- Attempts to commit an offense that is not an eligible offense if the attempt is a felony
- Offenses for which registration as a sex offender is required pursuant to New York Consolidated Laws, Correction Law Article 6-C
Not modeled: N.Y. Crim. Proc. Laws § 160.58 (conditional sealing of certain felony drug and other specified convictions), § 221 (criminal sale of marijuana, Class C felony), and certain offenses listed in § 410.91(5) (burglary, possession of stolen property, criminal mischief) upon completion of a judicial diversion program. Sealing for up to three prior misdemeanors as set forth in N.Y. Crim. Proc. Law § 160.58(3) .