How to Get Your Criminal Record Sealed in New York: A Complete Guide to CPL 160.59

A criminal conviction can follow you for decades. Even if you served your time, completed probation, and turned your life around, a background check can undo all of that progress in an instant. Employers pass on your application. Landlords reject your housing application. Professional licensing boards raise red flags. If you’ve ever wondered whether your job will find out about an old arrest, the answer has historically been: probably yes.

But New York law provides a mechanism to change that. Under Criminal Procedure Law §160.59, eligible individuals can petition the court to have their conviction records sealed — effectively hiding them from most public background checks. For residents of Nassau County and across Long Island, this process can be the difference between a second chance and a lifetime of barriers.

What Is Record Sealing Under CPL §160.59?

Record sealing under CPL §160.59 is a court-ordered process that restricts public access to your criminal conviction records. It is not expungement. New York does not allow criminal convictions to be permanently erased. Instead, sealing hides your conviction from most standard background checks, removing it from your RAP sheet (criminal history record) for the purpose of employment screening, housing applications, and most other civil inquiries.

Once sealed, the conviction will not appear when a prospective employer or landlord runs a standard criminal background check. Your fingerprint records, booking photos, and related documents are also restricted. For most practical purposes, the conviction becomes invisible to the general public.

Who Is Eligible to Seal Their Record?

To qualify for record sealing under CPL §160.59, you must meet all of the following criteria:

1. At least 10 years have passed since your conviction or your release from incarceration (whichever is later). This includes any time spent in jail, prison, or on parole. If you were sentenced to probation, the 10 years begins after you complete probation — not when you were sentenced.

2. You have no more than two criminal convictions on your record, and no more than one of those can be a felony. This means the law permits sealing of either two misdemeanor convictions or one felony and one misdemeanor conviction.

3. You have no pending criminal cases and have not been convicted of any new crimes since the conviction you want sealed.

4. The conviction is not for an ineligible offense. Certain categories of crimes cannot be sealed, which we discuss below.

Which Convictions Can Be Sealed?

The good news is that most misdemeanor and many felony convictions are eligible for sealing. Common offenses that qualify include:

DWI convictions (both first-offense misdemeanor DWI and felony DWI, provided it’s not a sex offense or violent felony).

Drug possession and drug charges, including Class A drug felonies. This is one of the most significant provisions of the law, opening relief to thousands of New Yorkers convicted during the tough-on-drugs era.

Theft offenses, including shoplifting, petit larceny, and grand larceny (if not classified as a violent felony).

Harassment, disorderly conduct, trespassing, and other lower-level offenses.

Certain domestic violence-related misdemeanors, though the details depend on the specific charge and whether it is classified as a violent offense.

Criminal possession of a weapon in the fourth degree (PL 265.01), which can include gravity knives and other weapons.

Which Convictions Cannot Be Sealed?

The following categories of offenses are permanently excluded from sealing under CPL §160.59:

All sex offenses defined in Article 130 of the New York Penal Law, including sexual assault, rape, and criminal sexual act. Offenses requiring sex offender registration are also excluded.

Violent felony offenses as defined in Penal Law §70.02. This includes Assault in the Second Degree (a Class D violent felony), robbery, burglary in the first and second degree, manslaughter, and other offenses involving serious physical injury.

Class A felonies that are not drug-related, including murder, kidnapping in the first degree, and arson in the first degree.

Conspiracy or criminal solicitation to commit any of the above offenses.

Note that Assault in the Third Degree (a Class A misdemeanor) is eligible for sealing, because it is not classified as a violent felony offense. The distinction between assault degrees matters enormously in the sealing context.

The Application Process: Step by Step

Unlike the Clean Slate Act (CPL §160.57), which provides automatic sealing, the CPL §160.59 process requires you to actively petition the court. Here is what the process looks like in Nassau County:

Step 1: Obtain your Certificate of Disposition. This is an official court document that shows the charges you were convicted of, the date of conviction, and the sentence you received. You need a separate Certificate of Disposition for each conviction you want sealed. You can request this from the clerk of the court where you were convicted — in Nassau County, this is typically the courthouse at 99 Main Street in Hempstead for misdemeanors, or the Nassau County Court in Mineola for felonies.

Step 2: Obtain your RAP sheet. Request your criminal history record from the New York State Division of Criminal Justice Services (DCJS). This will show all of your convictions statewide and help confirm that you meet the eligibility requirements (no more than two convictions, only one of which can be a felony).

Step 3: Prepare the sealing motion. You must file a formal written motion with the court that includes your Certificate(s) of Disposition, your RAP sheet, and a sworn statement (affidavit) explaining why the court should grant the sealing. The affidavit is your opportunity to explain how you’ve changed since the conviction, what the conviction has cost you in terms of employment and opportunity, and why sealing serves the interests of justice.

Step 4: Serve the District Attorney. The Nassau County District Attorney’s Office must be served with your motion and given an opportunity to respond. The DA has the right to oppose the sealing, and in some cases they will. A contested sealing application may require a court hearing where both sides present arguments.

Step 5: The judge decides. The court has broad discretion to grant or deny the application. The judge will weigh factors including the seriousness of the offense, the time that has passed, your conduct since the conviction, the impact of the conviction on your life, and the interest of public safety. Having experienced legal counsel to present a compelling case at this stage can make the difference between approval and denial.

What Happens After Sealing?

Once the court grants your sealing motion, the following occurs:

Your criminal conviction will no longer appear on most background checks used by employers, landlords, and licensing agencies.

Related records — including fingerprints, booking photographs, and DNA samples (except where retained for other unsealed cases) — may be returned to you or destroyed.

Court records, police records, and prosecutor files are hidden from public access.

You may legally deny the conviction on most job applications. In New York, it is illegal for most employers to ask about or consider sealed records in hiring decisions. However, there are important exceptions — see below.

Who Can Still See Sealed Records?

Sealing is powerful, but it’s not absolute. The following parties retain access to sealed records:

Law enforcement and prosecutors. If you are arrested again, the police, DAs, and courts will see your full criminal history, including sealed convictions. This is particularly important if you are facing a DWI charge, since a sealed prior DWI still counts for purposes of the 10-year look-back period that can elevate a new DWI to a felony.

Federal immigration authorities. Sealed New York State convictions remain visible to ICE and USCIS. If you are not a U.S. citizen, sealing your record does not protect you from immigration consequences. You should consult an immigration attorney alongside your criminal defense lawyer.

Firearms licensing agencies. Anyone applying for a pistol permit or firearms license will have their full record reviewed, including sealed convictions.

The New York State Education Department for purposes including school hiring, disciplinary proceedings, and professional licensing.

Ride-share companies like Uber and Lyft, which have access to sealed records under the Clean Slate Act’s carve-outs.

CPL §160.59 vs. the Clean Slate Act: Which Path Is Right for You?

New York now has two pathways to record sealing, and understanding the difference is essential. The Clean Slate Act (CPL §160.57), which took effect in November 2024, provides automatic sealing with shorter waiting periods (3 years for misdemeanors, 8 years for felonies). However, the OCA has until November 2027 to fully implement the system.

CPL §160.59 remains the better option in certain situations:

You meet the 10-year threshold now and cannot wait for the Clean Slate Act to process your record, which could take until 2027.

You need your record sealed urgently for a specific job opportunity, housing application, or professional license renewal.

Your conviction is borderline eligible and you want to present your case directly to a judge with a sworn statement and supporting evidence, rather than relying on an automated process.

In many cases, the best strategy is to pursue CPL §160.59 now while also confirming that your record will eventually be covered by the Clean Slate Act as a backup. An experienced attorney can evaluate both pathways and recommend the approach that gets you relief the fastest.

Why You Need an Attorney for Record Sealing

While it is technically possible to file a CPL §160.59 motion on your own, there are good reasons to work with a lawyer:

The eligibility rules are more nuanced than they appear. For example, whether a domestic violence conviction counts as a “violent felony” under Penal Law §70.02 depends on the specific charge and degree — a distinction that can be confusing without legal training.

The DA can oppose your motion, and you may need to appear in court to argue your case. The Nassau County criminal court system has its own procedures and expectations, and a lawyer who works in that courthouse daily has a significant advantage.

Your sworn statement is the centerpiece of the application. A well-drafted affidavit that clearly articulates your rehabilitation, your community ties, and the hardship caused by the conviction can be the deciding factor. A poorly written statement can sink an otherwise eligible application.

Out-of-state and federal convictions count toward your total number of convictions for eligibility purposes, but they are not sealable under New York law. An attorney can help you sort out a complex criminal history that spans multiple jurisdictions.

Contact Hochhauser Criminal & DWI Defense Today

At Hochhauser Criminal & DWI Defense, Richard Hochhauser understands what a criminal record costs you — not just in the courtroom, but in every job interview, every lease application, and every professional licensing review that follows. As a former Nassau County prosecutor who now fights for the defense, he has the experience and relationships to navigate the sealing process effectively.

We represent clients across Nassau County, Suffolk County, and all of Long Island in both active criminal defense and post-conviction matters like record sealing. Whether you are dealing with an old DWI conviction, a past drug charge, a theft offense, or any other eligible conviction, we can evaluate your case and help you move forward.

Contact us today for a free consultation. Call or text (516) 939-1529. Our office is located directly across from the Nassau County courthouse at 164 Jackson Street in Hempstead.