New York Arrest Record Sealing (CPL 160.50)

Reviewed: May 27, 2026

In New York, an arrest that did not result in a conviction is not supposed to follow you. Criminal Procedure Law § 160.50 requires courts and agencies to seal arrest records when a case is dismissed, acquitted, or declined for prosecution. The operative word is "supposed to." In the real world, many people discover that a sealed arrest still shows on a commercial background check, still appears when a landlord runs their name, or still flags in a federal database check. That gap between what the law says and what actually shows up is exactly what an attorney helps fix.

At a glance

✓ Non-conviction arrests (dismissals, acquittals, ACDs) should be automatically sealed under CPL 160.50
✓ The seal is supposed to happen within 90 days of disposition — but it often doesn't reach background check vendors
✓ An attorney can enforce the seal with DCJS, court clerks, and background check companies
✓ CPL 160.55 covers violations and non-criminal offenses — same automatic sealing rule
✓ Federal databases (FBI, immigration) are NOT bound by New York state sealing orders

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

How CPL 160.50 sealing is supposed to work

When a New York criminal case ends without a conviction — through acquittal at trial, dismissal by the court, decline to prosecute by the DA, adjournment in contemplation of dismissal (ACD) that converts to a dismissal, or any other non-conviction outcome — CPL 160.50 requires the court to issue a sealing order. The order directs DCJS, the court clerk, the arresting agency, and all other participating criminal justice agencies to seal their records of the arrest and related proceedings. No application by the defendant is required. This is supposed to happen automatically within 90 days of the final disposition.

Why the record may still show up

CPL 160.50 sealing applies to New York State government records — the OCA court database, DCJS, and agency records. It does not operate on the databases of private background check companies, federal clearinghouse databases (like those used for immigration checks or federal employment), or databases that scraped public court records before the sealing order was applied.

Common reasons an arrest still appears after dismissal: the court issued the seal order but DCJS did not update its records in time before a background check company scraped the data; an employer ran a federal background check (which is unaffected by state sealing); the background check company used old data and hasn't refreshed their database; or the arrest appears under a slightly different name variant or alias that wasn't flagged in the sealing order.

CPL 160.55 — sealing for violations and non-criminal offenses

A separate provision, CPL 160.55, provides automatic sealing for violations (non-criminal offenses under New York law, such as disorderly conduct) and certain other non-criminal outcomes. Like CPL 160.50, 160.55 sealing is automatic at disposition — but like 160.50, it often doesn't immediately propagate to all record-holding agencies. The same enforcement process applies.

What an attorney can do when the arrest still shows

When a CPL 160.50 or 160.55-sealed arrest still appears on a background check, an attorney can: confirm the sealing order was properly issued by the court; contact DCJS and the arresting agency to verify and enforce the seal; send dispute letters to background check companies under state consumer protection law and the federal Fair Credit Reporting Act (FCRA), which requires CRA vendors to maintain accurate records; and if necessary, return to the sentencing court to obtain a corrected or re-issued sealing order. For federal database issues — particularly immigration databases — a criminal attorney and an immigration attorney should both be consulted, as federal agencies are not bound by state sealing.

How to confirm and enforce New York arrest record sealing

Obtain the final disposition from the original court. Request the certificate of disposition from the court clerk in the county where the arrest was processed. The disposition should show the case ended in a non-conviction outcome (dismissal, acquittal, ACD conversion, etc.).
Request a current DCJS RAP sheet. Order your personal criminal history from DCJS. A properly sealed arrest should not appear on your RAP sheet. If it still shows, this confirms the sealing order has not been fully implemented.
Check whether a CPL 160.50 sealing order was issued by the court. Review the original court file or ask the clerk whether a sealing order was issued at the time of disposition. In most cases the order is issued automatically; sometimes it is missed due to administrative error.
Request the court to reissue or supplement the sealing order if needed. If no sealing order was issued, or if the original order did not reach all agencies, an attorney can ask the court to issue a corrected or supplemental sealing order naming each agency that still holds unsealed records.
Contact DCJS and the arresting agency with the sealing order. Send the certified sealing order to DCJS and to the arresting police department or agency requesting confirmation that their records have been updated.
Dispute the record with background check companies. Send dispute letters to each background check vendor that is returning the sealed arrest. Under the FCRA and New York law, they are required to investigate and correct inaccurate records. Include the sealing order as evidence.
Verify removal across all relevant records. After completing the enforcement steps, re-run a DCJS RAP sheet check and a standard background report to confirm the arrest no longer appears in the records you care most about.

Statutes cited

New York Criminal Procedure Law § 160.50 (Sealing of arrest records — non-conviction) — N.Y. CPL § 160.50
New York Criminal Procedure Law § 160.55 (Sealing of records — violations) — N.Y. CPL § 160.55

Frequently asked questions

Does a dismissed case always get sealed in New York?

CPL 160.50 requires sealing of non-conviction outcomes, and it is supposed to happen automatically. In practice, the court record may be sealed while background check vendors still show the arrest because they scraped data before the seal was applied. An attorney can enforce the seal with the specific agencies and background check companies that are still returning the record.

My ACD was dismissed — is that a non-conviction covered by CPL 160.50?

Yes. An adjournment in contemplation of dismissal (ACD) that successfully converts to a dismissal is a non-conviction outcome covered by CPL 160.50. The arrest should be sealed once the ACD period ends and the case is formally dismissed. If the arrest still appears after the ACD converted to dismissal, the sealing order may need to be enforced with DCJS or background check vendors.

I was arrested but never charged. Is that sealed?

If you were arrested and the DA declined to prosecute (did not indict or file charges), that outcome is typically covered by CPL 160.50 as well. The arresting agency and DCJS are required to seal the fingerprinting and booking records.

Does CPL 160.50 sealing remove the arrest from federal databases?

No. State sealing under CPL 160.50 applies to New York State and local records. Federal databases — including those maintained by the FBI and used for immigration and federal employment checks — are not bound by the state sealing order. This is a critical limitation for anyone with immigration status concerns or a federal license.

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