New York Misdemeanor Sealing Attorneys (CPL 160.59)

Which misdemeanor convictions qualify under CPL 160.59

CPL 160.59 allows a person to petition to seal up to two prior convictions, with no more than one being a felony. This means you can seal two misdemeanors, or one misdemeanor and one felony, but not two felonies. The statute requires that at least 10 years have passed since the later of: sentencing or release from incarceration (if any), whichever is later. During those 10 years, you must not have been convicted of any other crime.

Class A misdemeanor convictions (e.g., petit larceny, assault in the 3rd degree, simple drug possession under UDA § 221.05) are the most commonly sealed offense category. A misdemeanor that was originally a felony reduced on plea may be sealed as a misdemeanor.

Misdemeanors that are excluded from sealing

Not all misdemeanors qualify. CPL 160.59 excludes any sex offense requiring SORA registration, any offense that is a designated "violent felony" or "violent misdemeanor" as defined in Penal Law § 70.02, and certain other enumerated crimes. Specifically, misdemeanor sex offenses under Article 130 of the Penal Law are excluded. The exclusion list is in CPL 160.59(1)(a) — an attorney can check your specific charge code against the exclusion list.

How the petition works for a misdemeanor

The petition is filed in the court of original conviction — for most misdemeanors, this is a Criminal Court (in NYC) or a local criminal court in the county where the case was heard. You must serve the district attorney's office, which has 45 days to submit a written response. The court then reviews the petition considering your specific circumstances, the nature of the offense, your record since conviction, and your need for sealing.

Unlike automatic relief programs in other states, CPL 160.59 is discretionary — the judge must affirmatively grant the petition. This means the quality of your petition and any supporting documents (employment history, letters of support, evidence of rehabilitation) can influence the outcome.

What sealing actually does for your background check

Once sealed, the conviction is removed from the public-facing DCJS criminal-history query. Most private-sector employers conducting New York background checks through third-party vendors will not see the sealed conviction. The record is not destroyed — law enforcement, prosecutors, courts, and certain licensing agencies retain access. If you are asked on a form whether you have been convicted of a crime, you may legally answer "no" as to sealed convictions for most New York private-sector job applications.

Federal background checks, applications for federal employment, firearms licenses, and security-clearance investigations are governed by federal law and are not affected by the state sealing order.

Statutes cited

• New York Criminal Procedure Law § 160.59 (Sealing of criminal records) — N.Y. CPL § 160.59
• New York Criminal Procedure Law § 160.58 (Sealing — judicial diversion) — N.Y. CPL § 160.58

Frequently asked questions

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