How is a criminal record expunged in New York?

Unlike other states, New York does not allow criminal records to be expunged. This means records of arrests and convictions cannot be permanently erased.

New York uses a process called sealing in which criminal records can be hidden from public viewing. General record sealing is available for a wide range of criminal convictions depending on certain factors. However, some convictions such as sex offenses and class A felonies are not eligible for sealing.

Although the criminal record still exists, sealing allows certain parts of it — like DNA samples, fingerprints and photos — to be returned to the individual or destroyed. Sealed records can be viewed by law enforcement agencies, employers for jobs that require employees to carry a firearm, and other authorized entities such as hospitals and schools.

Other Criminal Defense FAQs:

• Am I eligible for a conditional license?
• Am I liable for fraudulent charges on my credit card or for accounts opened by the identity thief?
• Am I required to submit to a breath test in New York?
• Are child pornography charges state or federal?
• Are prescription drugs illegal in New York?
• Are sex offenders restricted in where they may live?
• Are there any laws that prohibit identity theft in New York?
• Can a child receive child pornography charges?
• Can a probationer sentenced to probation supervision in New York move out of the state?
• Can drivers under 21 be charged with a DWI in New York?
• Can I be charged with a sex crime even without having sexual intercourse?
• Can I be charged with child pornography if the pornographic material belongs to someone else?
• Can I get fired for my political opinions?
• Can I own a firearm if I have an order of protection against me?
• Can I own a gun even if I have a felony record?
• Can I talk to the police if I am careful not to reveal anything incriminating?
• Can the charges I am facing get more serious even if I have already been charged?
• Do I have to allow police to enter my home?
• Do I have to report domestic violence?
• Do I need an attorney if I am charged with a minor crime?
• Do I need an attorney if I plan to plead guilty?
• Do I need an attorney?
• Do the Police Want to Talk to You?
• Does a conviction of unlawful sexual intercourse require registration as a sex offender?
• Does a crime still go on my record even if I am cleared of it?
• How can a lawyer defend me from DWI charges in New York?
• How can I detect if my identity has been stolen?
• How Do Gun Laws Vary Across New York?
• How does a domestic violence charge affect visitation with my child?
• How does a federal crime differ from a state crime?
• How is a criminal record expunged in New York?
• How long does a sex offender stay on the New York Sex Offender registry?
• How long does an order of protection last in New York?
• I confessed to something I did not do. What can I do?
• I Have a Bench Warrant. Why Was It Issued?
• I own a business and handle personal information belonging to my customers and employees. What can I do to protect this information?
• I suspect that my child may have been sexually abused. But I am not sure. What can I do?
• I was arrested for committing a crime. Do I need a lawyer even if I am innocent?
• I was arrested for drug possession in New York. What should I do?
• I was arrested for patronizing a prostitute in New York. What are the chances of my case being dismissed?
• I was charged with phishing. What are my options?
• If a protective order is filed against me in one state is it valid in another?
• If I am stopped by the police, do I have to let them search my vehicle?
• If I see or hear people fighting what should I do?
• If I was sexually abused many years ago, can I still bring a lawsuit for damages?
• If I’m innocent, why shouldn’t I answer police questions?
• Is domestic violence classified as a felony in New York?
• Is it double jeopardy to be prosecuted by state and federal prosecutors for the same crime?
• Is it illegal to possess a small amount of marijuana in New York?
• Is it okay to discuss my case with family and friends?
• Is it okay to refuse field sobriety tests in New York?
• Is it possible for felons in New York to have their gun rights restored?
• Is phishing a form of identity theft?
• Should I Hire an Attorney for the Arraignment?
• Should I take a plea bargain?
• What are Miranda rights or a Miranda warning?
• What are my rights if I am questioned by the police?
• What are some common conditions of parole in New York?
• What are some common types of fraud?
• What are some of the methods used by identity thieves to obtain private information?
• What are some of the more serious possible consequences of identity theft?
• What are some possible defenses for drug possession crimes?
• What are some possible defenses for embezzlement charges?
• What are some possible defenses to identity theft charges?
• What are some types of identity theft?
• What are the consequences of a conviction?
• What are the consequences of a domestic violence conviction?
• What are the consequences of a Leandra’s Law violation?
• What are the consequences of a sex crime conviction in New York?
• What are the consequences of violating parole?
• What are the consequences of violating probation?
• What are the different degrees of stalking under New York law?
• What are the different identity theft charges under New York law?
• What are the different types of orders of protection?
• What are the New York sex offender designations?
• What are the New York sex offender risk levels?
• What are the penalties for a fraud conviction in New York?
• What are the penalties for child abuse?
• What are the penalties for domestic violence offenses in New York?
• What are the penalties for drug crimes in New York?
• What are the penalties for federal crimes?
• What are the penalties for phishing?
• What are the penalties for promoting prostitution in New York State?
• What are the penalties for prostitution in New York State?
• What are the penalties for refusing a breath test in New York?
• What are the penalties for stalking under New York law?
• What are the possible penalties for child pornography?
• What can I do if I am fired from a university?
• What can I do if I believe someone is following me?
• What constitutes a sex crime under New York law?
• What constitutes an internet crime in New York?
• What constitutes child abuse? What are the types of child abuse?
• What counts as resisting arrest in New York?
• What do the sex offender designations mean?
• What does BAC stand for?
• What Happens After Being Arrested?
• What happens at an arraignment?
• What happens if a convicted felon is found in possession of a firearm?
• What happens if I commit an ignition interlock device violation?
• What happens if I fail to report to my probation officer?
• What happens if I violate an order of protection?
• What happens if I violate my conditional license?
• What happens if the judge sets bail?
• What if I am charged with a federal crime?
• What if I did not realize that the images I was looking at or forwarded to a friend were images of underage individuals?
• What If I Didn’t Know There Was a Bench Warrant Issued For Me?
• What if I do not remember all the details of the abuse? Should I still report it?
• What if the police did not read me my rights?
• What is a 3020-A hearing?
• What is a conditional license?
• What is a grand jury?
• What is a “white collar” crime?
• What is adjournment in contemplation of dismissal?
• What is aggravated DWI?
• What is alternative sentencing for drug possession crimes?
• What is an ignition interlock device?
• What is an order of protection?
• What is attorney-client privilege?
• What is bail?
• What is credit card fraud?
• What is criminal fraud?
• What is domestic violence?
• What is drug paraphernalia?
• What is homicide?
• What is identity theft?
• What is interim probation supervision?
• What is Leandra’s Law?
• What is parole?
• What is phishing?
• What is probation?
• What is restitution?
• What is stalking?
• What is statutory rape in New York State?
• What is the difference between a domestic violence charge compared to the same charge outside of a domestic relationship?
• What is the difference between a DUI and DWI in New York?
• What is the difference between a DWI and a DWAI?
• What is the difference between a felony and a misdemeanor?
• What is the difference between a prosecutor and a criminal defense attorney?
• What is the difference between phishing and hacking?
• What is the difference between probation and parole?
• What is the difference between rape and sexual assault?
• What is the difference between record expungement and sealing?
• What is the national sex offender registry?
• What is the Office of Professional Medical Conduct?
• What is the penalty for not registering as a sex offender?
• What is wire fraud?
• What obligations do registered sex offenders have?
• What penalties do people accused of committing white collar crimes face?
• What penalties do physicians face for professional misconduct in New York?
• What protection orders can I place?
• What qualifies as securities fraud?
• What rights do I have as a tenured employee vs. a non-tenured staff member?
• What should I do if domestic violence charges are filed against me?
• What should I do if I am arrested for domestic violence in New York?
• What should I do if I am arrested for identity theft in New York?
• What should I do if I am the victim of identity theft?
• What should I do if I am under investigation for a crime in New York?
• What should I do if I have been sexually assaulted or raped?
• What should I do if I was forced into confessing?
• What should I do if prostitution charges are filed against me?
• What should I do if the NYPD wants to talk to me?
• What should I look for in a criminal defense attorney?
• What should you do if you are suspected of child abuse?
• What type of criminal defense cases does the Brill Legal Group handle?
• What type of domestic violence cases will Brill Legal Group handle?
• What type of offenses can lead to a sentencing of probation?
• What types of offenses are considered domestic violence in New York?
• When and where will the arraignment take place?
• When should I obtain a lawyer after discovering my child was sexually abused?
• Who has to register as a sex offender in New York?
• Who must report cases of child abuse?
• Who prosecutes white collar crimes?
• Why do I need a federal criminal attorney?
• Why hire an attorney instead of using the public defender or representing myself?
• Why would I be charged with a federal crime?
• Will I automatically be arrested if the police are called to my home for domestic violence?
• Will I face penalties for refusing to answer police questions after my arrest?
• Will I still face murder charges if I acted in self-defense?
• Will there be a trial in my case?