New York Record Sealing Attorneys (CPL 160.59)
Last updated: May 2026
New York does not call it "expungement." For the vast majority of convictions, the relief that exists is **sealing** under Criminal Procedure Law § 160.59 — a 2017 law that lets a person seal up to two prior convictions (no more than one of which can be a felony) after a 10-year conviction-free period. Sealing keeps the case out of most public databases and most background checks, but the record is not destroyed and certain agencies retain access. If a parent, a job, or a landlord has been rejecting you because of an old New York case, CPL 160.59 sealing is usually the route to look at first.
Who qualifies for CPL 160.59 sealing in New York
CPL 160.59 lets a petitioner ask the sentencing court to seal up to two prior convictions, of which no more than one may be a felony. The petitioner must have completed all sentence terms — incarceration, parole, probation, and any restitution — and at least 10 years must have passed since the date of sentencing or release from incarceration, whichever is later. A long list of offenses is statutorily barred from CPL 160.59 sealing, including all Class A felonies, all sex offenses requiring SORA registration, most violent felonies under Penal Law § 70.02, and several specific homicide and conspiracy offenses.
A separate, narrower sealing track exists under CPL 160.58 for certain successful judicial-diversion completions. Arrests not resulting in conviction and most acquittals are sealed automatically under CPL 160.50 and CPL 160.55 at the time of disposition.
The 10-year waiting period — how it is calculated
The 10-year clock under CPL 160.59 runs from the later of (a) the date of sentencing on the most recent eligible conviction or (b) the date of release from any period of incarceration imposed on that conviction. Any new conviction within the 10-year window restarts the clock. A pending criminal case anywhere — even out of state — generally prevents a CPL 160.59 motion from being granted while it is open.
The petition process and what the court considers
A CPL 160.59 motion is filed in the court that imposed the sentence on the most recent conviction the petitioner is asking to seal. The motion must include a sworn statement of facts, certificates of disposition for every prior conviction, and a copy of the petitioner's current criminal history (RAP sheet). The District Attorney has 45 days to respond. The court considers the petitioner's overall character, time elapsed, evidence of rehabilitation, the impact sealing would have on public safety, and any objection the DA files. The court may hold a hearing or rule on the papers.
What sealing under CPL 160.59 actually does
A sealed CPL 160.59 record is removed from the public-access portion of the New York State Office of Court Administration database and from the public-record return used by most commercial background-check vendors. The petitioner may lawfully answer that the conviction never occurred on most employment and housing applications. Law enforcement, the courts, certain licensing agencies (including those that license attorneys, firefighters, and peace officers), and federal agencies retain access under the statute. Sealing under CPL 160.59 does not seal records held by federal agencies — including ICE — and does not undo a deportation order.
ExpungeReady lists licensed New York attorneys for informational purposes only. We do not endorse any attorney, do not collect referral fees, and do not determine eligibility. Whether a specific record qualifies under CPL 160.59 is a legal question that depends on the full record and should be confirmed with a licensed New York attorney.
Frequently asked questions
Is "expungement" the same as "sealing" in New York?
No. New York generally does not offer expungement of adult convictions. The closest comparable relief for most cases is sealing under CPL 160.59. Marijuana convictions covered by the 2021 MRTA are a separate vacatur-and-expungement track.
How long does a CPL 160.59 motion take in New York?
Timelines vary by county and by court. Most motions are decided within 4 to 8 months of filing. The 45-day DA response window, whether a hearing is held, and the court's motion calendar all affect the timeline.
Can a sealed CPL 160.59 record be unsealed?
A sealed record may be unsealed in narrow circumstances defined by statute, including for a subsequent criminal prosecution against the same person or for certain licensing reviews. The seal remains in place for most public-access and most employment-background purposes.
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