Sealing a Criminal Record Under CPL 160.59

A criminal conviction can follow you for decades, affecting your ability to secure employment, housing, professional licenses, and educational opportunities. For many New Yorkers, the collateral consequences of a conviction far outweigh the original sentence imposed by the court. Recognizing this reality, New York enacted Criminal Procedure Law § 160.59, which allows certain individuals to petition the court to seal up to two prior eligible convictions. This statute has provided meaningful relief to thousands of New Yorkers seeking a fresh start.

Our firm represents individuals throughout New York who are seeking to seal eligible convictions under CPL 160.59. Below, we explain the eligibility requirements, the application process, common obstacles, and how skilled legal representation can significantly improve your chances of success.

What Is CPL 160.59?

Criminal Procedure Law § 160.59 took effect in October 2017 as part of New York's effort to reduce the long-term burden of criminal convictions on rehabilitated individuals. Unlike expungement laws in some jurisdictions, sealing under CPL 160.59 does not erase a conviction; rather, it limits public access to the record. Once a record is sealed, it generally cannot be viewed by most employers, landlords, licensing agencies, or members of the public.

Importantly, sealing is discretionary. Even if you meet every eligibility requirement, the sentencing court retains authority to grant or deny your application based on a range of factors. This is why presentation and advocacy matter so much in the sealing process.

Who Is Eligible to Seal a Conviction?

CPL 160.59 sets out strict eligibility criteria. To qualify, an applicant generally must satisfy each of the following requirements:

Limit on number of convictions: An applicant may seal a maximum of two convictions, only one of which may be a felony.
Ten-year waiting period: At least ten years must have passed since the imposition of sentence or release from incarceration on the most recent conviction, whichever is later.
No pending criminal charges: The applicant must not currently have any criminal charges pending in New York or elsewhere.
No disqualifying convictions: The convictions sought to be sealed must not fall within the statute's list of ineligible offenses.

Additionally, individuals on probation, parole, or post-release supervision are generally ineligible until they have completed their sentence and the ten-year period has elapsed.

Which Convictions Are Ineligible?

The legislature excluded certain categories of offenses from sealing relief. You cannot seal a conviction for:

Any sex offense defined in Article 130 of the Penal Law
Any offense requiring registration as a sex offender under the Sex Offender Registration Act (SORA)
Class A felonies, including most homicide and major drug offenses
Violent felony offenses as defined in Penal Law § 70.02
Felonies defined in Article 125 of the Penal Law (homicide and related offenses)
Conspiracy to commit any of the above offenses

Many serious misdemeanors and non-violent felonies, however, remain eligible. These include a wide range of property offenses, drug possession charges, fraud-related offenses, and other non-violent crimes. A careful review of your record is essential to determine whether your specific convictions qualify.

The Ten-Year Waiting Period Explained

The ten-year clock can be confusing. The waiting period runs from the later of two events: (1) the imposition of sentence on the most recent conviction, or (2) the date of release from any period of incarceration imposed for that conviction. If you served time on a sentence, the clock starts ticking when you walked out the door, not when you were sentenced.

Importantly, the ten-year period applies to your most recent conviction—not just the conviction you want to seal. If you were convicted of a misdemeanor seven years ago, you cannot yet seal an older felony, even if the older felony itself is more than a decade old.

Time spent incarcerated for any offense (even an unrelated one) is excluded from the calculation. This means time in custody effectively tolls the waiting period.

The Application Process Under CPL 160.59

Sealing a conviction requires a formal motion filed in the court that imposed the sentence. The process is detailed and document-intensive. Key components include:

1. The Sworn Application

The applicant must submit a sworn statement that includes:

A list of the convictions sought to be sealed
A complete description of all other convictions
A statement of the applicant's reasons for seeking sealing
Certified copies of the certificate of disposition for each conviction
Any other supporting documentation the applicant wishes the court to consider

2. Service on the District Attorney

The application must be served on the District Attorney's office in the county where the conviction occurred. The District Attorney has 45 days to file a written objection. If an objection is filed, the court must conduct a hearing before ruling.

3. Judicial Review

Even if the District Attorney does not object, the court is not required to grant the application. The judge will weigh several statutory factors, discussed below, before issuing a decision.

Factors the Court Considers

When deciding whether to grant a sealing application, the court is guided by CPL 160.59(7), which lists the following considerations:

The amount of time that has elapsed since the applicant's last conviction
The circumstances and seriousness of the offense sought to be sealed
The circumstances and seriousness of any other offenses for which the applicant stands convicted
The character of the applicant, including any measures of rehabilitation
Any statements made by victims of the offense
The impact of sealing on the applicant's rehabilitation and reintegration
The impact of sealing on public safety and public confidence in the criminal justice system

This balancing test gives skilled defense counsel significant opportunity to advocate for the applicant. A persuasive application typically includes detailed evidence of rehabilitation, employment history, community involvement, family responsibilities, educational achievements, treatment completion, and letters of support.

Building a Persuasive Sealing Application

The strength of your application can make the difference between sealing and denial. Effective applications generally include:

Personal narrative: A compelling statement explaining the circumstances surrounding the conviction, the steps taken toward rehabilitation, and the impact the conviction has had on your life.
Employment records: Documentation of consistent employment or efforts to maintain steady work despite background-check obstacles.
Educational achievements: Diplomas, degrees, certificates, vocational training, and other evidence of self-improvement.
Treatment and counseling records: Where relevant, proof of completed substance abuse treatment, mental health counseling, anger management, or similar programs.
Community service and volunteer work: Evidence of contributions to the community.
Letters of support: Statements from employers, clergy, treatment providers, family members, and community leaders attesting to character and rehabilitation.
Future goals: Concrete explanation of how sealing will enable specific opportunities, such as a professional license, advancement at work, or a housing application.

The court wants to see that you are no longer the person who committed the offense and that sealing serves a legitimate, forward-looking purpose.

What Sealing Does—and Does Not—Do

Understanding the practical effect of a sealing order is critical to managing expectations. Once granted, sealing under CPL 160.59 produces the following results:

Effects of Sealing

The official record of the conviction is sealed from public view
Most employers, landlords, and members of the public cannot access the sealed record
You may lawfully answer "no" to most employment questions about a criminal record (with limited exceptions)
Fingerprints, palm prints, photographs, and DNA samples related to the sealed case may be returned or destroyed

Limitations of Sealing

Sealing is not the same as expungement. The record continues to exist and remains accessible to:

Law enforcement agencies, prosecutors, and the courts
Certain government employers, including those involving public safety positions
Agencies involved in firearm licensing applications
Federal immigration authorities
Certain professional licensing boards in specific circumstances

If you are subsequently arrested, the sealed conviction can be unsealed and used against you in the new prosecution. For non-citizens, sealing under New York law does not eliminate the immigration consequences of a conviction.

Common Misconceptions About CPL 160.59

Many applicants come to us with misunderstandings about the sealing process. The most frequent include:

"My record will be erased." Sealing limits public access but does not destroy the record.
"Sealing is automatic after ten years." Sealing is never automatic. You must file a motion and persuade the court.
"I can seal as many convictions as I want." The statute strictly limits relief to two convictions, only one of which can be a felony.
"Any conviction can be sealed." Sex offenses, violent felonies, and Class A felonies are categorically ineligible.
"I don't need a lawyer for this." While self-representation is permitted, the technical requirements and discretionary nature of the relief make experienced counsel highly advisable.

The Role of Experienced Legal Counsel

The CPL 160.59 process involves more than simply filling out forms. Successful applications require careful legal analysis and strategic advocacy. An experienced attorney can:

Conduct a thorough review of your criminal history to determine eligibility
Identify and resolve discrepancies in court records and rap sheets
Obtain certified dispositions and other required documentation
Craft a compelling narrative tailored to the statutory factors
Gather and organize supporting documentation
Anticipate and respond to objections from the District Attorney
Represent you at any hearing the court may schedule
Pursue alternative forms of relief if you are ineligible under CPL 160.59

Because sealing decisions rest in the discretion of the court, the quality of advocacy can directly impact the outcome.

Alternative Relief When CPL 160.59 Does Not Apply

If you are not eligible to seal your conviction under CPL 160.59, other forms of relief may be available, including:

CPL 160.50 and 160.55: Automatic sealing of non-conviction dispositions and certain non-criminal convictions
Certificate of Relief from Disabilities: Removes specific legal bars to employment and licensing
Certificate of Good Conduct: Provides broader relief from collateral consequences
Marijuana-related sealing: Special sealing provisions for certain marijuana convictions under the Marihuana Regulation and Taxation Act
Post-conviction motions: In appropriate cases, motions to vacate the underlying conviction

An attorney can evaluate which relief is best suited to your circumstances and objectives.

How Long Does the Process Take?

The timeline for sealing under CPL 160.59 varies depending on the complexity of the case, the court's calendar, and whether the District Attorney objects. In straightforward, unopposed cases, decisions may be issued within a few months of filing. Contested matters that require a hearing can take considerably longer. Preparation of the application itself—including gathering documentation and drafting supporting materials—typically takes several weeks.

Take the Next Step Toward a Fresh Start

If you have an eligible conviction and believe you have demonstrated genuine rehabilitation, CPL 160.59 may offer the relief you have been seeking. The process is detailed, the standards are demanding, and the outcome rests in the court's discretion—but for many New Yorkers, a successful sealing application opens doors that have been closed for years.

Our attorneys have substantial experience guiding clients through the sealing process. We begin every engagement with a comprehensive review of your criminal history to confirm eligibility and identify the strongest grounds for relief. We then build a tailored application designed to meet and exceed the statutory criteria, supported by carefully curated documentation and persuasive advocacy.

Contact our office today to schedule a confidential consultation. We will review your record, explain your options, and help you take meaningful steps toward the future you have earned.

You can contact us by phone at 212-233-1233 or by email at [email protected].