2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 160 - Fingerprinting and Photographing of Defendant After Arrest--Criminal Identification Records and Statistics › 160.57 - Automatic Sealing of Convictions.

* § 160.57 Automatic sealing of convictions.
1.  Convictions  for certain traffic infractions or a crime defined in
the laws of this state shall be sealed in accordance with  this  section
as follows:
(a)   Convictions  for  subdivision  one  of  section  eleven  hundred
ninety-two of the vehicle and traffic law shall be  sealed  after  three
years.
(b)  Criminal  convictions  shall  be  sealed upon satisfaction of the
following conditions:
(i) for a misdemeanor conviction, at least  three  years  have  passed
from  the  defendant's  release  from incarceration or the imposition of
sentence if there was no sentence of incarceration. If the defendant  is
subsequently  convicted  of  a crime before a prior conviction is sealed
pursuant to this  section,  the  calculation  of  time  for  such  prior
conviction shall start upon the same date as the time calculation starts
for the subsequent criminal conviction;
(ii)  for  a  felony conviction, at least eight years have passed from
the date the defendant was last  released  from  incarceration  for  the
sentence  of  the conviction eligible for sealing or from the imposition
of sentence if there was no sentence  of  incarceration.  A  defendant's
detention for an alleged violation of parole or post-release supervision
shall  not  interfere with the time calculation prescribed herein unless
and  until  supervision  is  revoked  resulting   in   the   defendant's
reincarceration.  If  the defendant is subsequently convicted of a crime
before a prior conviction  is  sealed  pursuant  to  this  section,  the
calculation  of time for such prior conviction shall start upon the same
date  as  the  time  calculation  starts  for  the  subsequent  criminal
conviction;
(iii) the defendant does not have a subsequent criminal charge pending
in this state;
(iv)  the  defendant  is  not  currently  under the supervision of any
probation or parole department for the conviction eligible for sealing;
(v) the conviction is not for an offense defined as a sex  offense  or
sexually  violent offense under section one hundred sixty-eight-a of the
correction law;
(vi) the conviction is not for a class A felony offense defined in the
penal law, other than class A felony offenses  defined  in  article  two
hundred twenty of the penal law;
(vii) the defendant is a natural person;
(viii)  the defendant does not have a subsequent felony charge pending
in  another  jurisdiction  that  is  not  a  felony  charge  related  to
reproductive  or  gender  affirming  care  or the possession of cannabis
which would not constitute a felony in New York. This subparagraph shall
apply if and  when  appropriate  federal  authorities  grant  access  to
records   necessary   to  query  to  effectuate  the  purposes  of  this
subparagraph in an automated manner; and
(ix) the defendant does not have a  subsequent  felony  conviction  in
another  jurisdiction  in the preceding eight years that is not a felony
conviction related to reproductive  or  gender  affirming  care  or  the
possession  of cannabis which would not constitute a felony in New York.
This  subparagraph  shall  apply  if  and   when   appropriate   federal
authorities grant access to records necessary to query to effectuate the
purposes of this subparagraph in an automated manner.
(c)  If,  after  the  applicable  period  of time for the sealing of a
conviction has been satisfied, the  conviction  remains  ineligible  for
sealing  pursuant  to  subparagraphs  (iii),  (iv),  (viii)  or  (ix) of
paragraph (b) of this subdivision, the office  of  court  administration
shall subsequently check for eligibility no less than quarterly and upon

subsequent checks, or the receipt of a form in accordance with paragraph
(dd)  of  subdivision two of section two hundred twelve of the judiciary
law, the conviction shall be sealed if all other conditions for  sealing
under this section are satisfied.
(d)   In  accordance  with  all  other  applicable  laws,  rules,  and
regulations   regarding   the   scope,    access,    use,    disclosure,
confidentiality  and  retention of criminal history information, records
of convictions sealed pursuant to this  section  including  photographs,
photographic  plates or proofs, palmprints, fingerprints or retina scans
shall not be accessed by or made available to any person  or  public  or
private agency, except for:
(i) the defendant and such defendant's counsel;
(ii)  any  court,  defense counsel or prosecutor for the purposes of a
pending criminal proceeding or proceedings brought in a  criminal  court
pursuant to article six-C of the correction law;
(iii)  qualified  agencies,  as defined in subdivision nine of section
eight hundred thirty-five of the executive law, federal  and  state  law
enforcement  agencies,  and  interstate and international authorities as
defined in subdivision three of section two of  the  public  authorities
law, when acting within the scope of their law enforcement duties;
(iv)  the  court,  prosecutor,  and  defense  counsel if the defendant
becomes a witness in a criminal proceeding;
(v) the court and parties if the defendant becomes a witness or  party
in a civil proceeding;
(vi)  when  an  individual  is a defendant in a criminal proceeding or
proceedings brought in a criminal court pursuant to article six-C of the
correction law and the sealed records of conviction of a third party are
integral to their defense. In such instances, use of sealed  records  of
conviction  shall  be  requested  upon  ex  parte motion in any superior
court, or in any district court, city court or the criminal court of the
city of New York provided  that  such  court  is  where  the  action  is
pending. The applicant must demonstrate to the satisfaction of the court
that the records will be used for the purpose of this subparagraph;
(vii)  individuals  or  entities  that  are required by a local law in
effect one year prior to  the  chapter  of  the  laws  of  two  thousand
twenty-three  that  added this section, a state law, or a federal law or
regulation to request and receive a fingerprint-based check of  criminal
history  information.  Nothing herein shall prohibit the commissioner of
education or the office of school personnel  review  and  accountability
from  receiving or using convictions sealed pursuant to this section for
purposes of subdivisions seven, seven-a and  seven-b  of  section  three
hundred five of the education law;
(viii)  individuals  or entities that are authorized by a local law in
effect one year prior to  the  chapter  of  the  laws  of  two  thousand
twenty-three  that  added this section, a state law, or a federal law or
regulation to request and receive a fingerprint-based check of  criminal
history  information  in  relation  to  the individual's fitness to have
responsibility for the safety and well-being of children or adolescents,
elderly  individuals,  individuals  with  disabilities,   or   otherwise
vulnerable  populations. The division of criminal justice services shall
maintain an up to date list  of  citations  of  the  local,  state,  and
federal statutes or federal regulations authorizing the access described
herein;
(ix)  any prospective employer of a police officer or peace officer as
those terms are defined in subdivisions thirty-three and thirty-four  of
section  1.20  of  this  chapter,  in  relation  to  an  application for
employment as a police officer or peace officer, provided, however, that
every person who is an applicant shall be furnished with a copy  of  all

records  obtained  under  this  paragraph and afforded an opportunity to
make an explanation thereto;
(x)  any federal, state or local officer or agency with responsibility
for the issuance of licenses to possess a firearm, rifle or  shotgun  or
with  responsibility for conducting background checks before transfer or
sale of a firearm or explosive, when the officer  or  agency  is  acting
pursuant  to  such  responsibility.  This  includes the criminal justice
information services division of the federal  bureau  of  investigation,
for  the  purposes  of  responding  to  queries  to the national instant
background check system regarding attempts to purchase or otherwise take
possession of firearms, rifles or shotguns, as defined in  18  U.S.C.  §
921 (A)(3);
(xi)  for  the  purposes  of civilian investigation or evaluation of a
civilian  complaint  or  civil  action  concerning  law  enforcement  or
prosecution  actions,  upon ex parte motion in any superior court, or in
any district court, city court or the criminal court of the city of  New
York  provided  that  such  court  sealed the record; the applicant must
demonstrate to the satisfaction of the court that the  records  will  be
used for the purposes of this subparagraph;
(xii)  for information provided to an individual or entity pursuant to
paragraph (e) of subdivision four of section eight hundred  thirty-seven
of  the  executive  law  or for bona fide research purposes provided all
identifying information is removed;
(xiii) when an individual  seeks  to  avail  themselves  of  a  public
program or benefit, including but not limited to an immigration benefit,
for  which  the  sealed  records  of  conviction  of  a  third party are
otherwise authorized  by  law  or  legal  process  to  be  disclosed  in
furtherance  of  their  application for such program or benefit. In such
instances, the individual or their attorney shall  request  the  use  of
sealed   records   pursuant  to  a  form  as  prescribed  by  the  chief
administrator of the courts pursuant to paragraph  (ee)  of  subdivision
two of section two hundred twelve of the judiciary law;
(xiv) for the purpose of collection of restitution, reparation, fines,
surcharges,  or  fees  imposed. In such instances, use of sealed records
shall be requested upon ex parte motion in any superior court, or in any
district court, city court, town court, village court, or criminal court
of the city of New York provided that such court is where the action  is
pending. The applicant must demonstrate to the satisfaction of the court
that the records will be used for the purpose of this subparagraph;
(xv)  transportation network companies that are required or authorized
by state law to request criminal history information pursuant to section
sixteen hundred ninety-nine of the vehicle and traffic law;
(xvi) the state education department for the purposes of investigating
professional misconduct as defined in subparagraph (i) of paragraph  (a)
of  subdivision five of section sixty-five hundred nine of the education
law, consideration of restoration of a professional license pursuant  to
section   sixty-five   hundred   eleven   of   the   education  law,  or
determinations for issuing a license to practice a profession or issuing
certificates and privileges for which prior licensure is  required,  for
the  professions  under  articles  one  hundred  thirty-one, one hundred
thirty-one-b, one hundred  thirty-two,  one  hundred  thirty-three,  one
hundred  thirty-four,  one  hundred thirty-five, one hundred thirty-six,
one hundred thirty-seven, one hundred thirty-nine,  one  hundred  forty,
one  hundred forty-one, one hundred forty-three, one hundred forty-four,
one hundred forty-five, one hundred forty-seven, one hundred forty-nine,
one hundred fifty-three, one hundred fifty-four, one hundred fifty-five,
one hundred fifty-six, one hundred fifty-seven, one hundred  fifty-nine,
one  hundred  sixty, one hundred sixty-two, one hundred sixty-three, one

hundred sixty-four, and one hundred sixty-seven as such professions  are
defined  in  title  eight  of the education law, provided that the state
education department certifies  to  the  division  of  criminal  justice
services  that  it is investigating an individual licensed to practice a
profession pursuant to article one hundred thirty of the  education  law
for  professional  misconduct as defined in paragraph (a) of subdivision
five  of  section  sixty-five  hundred  nine  of  the   education   law,
considering  restoration  of  a professional license pursuant to section
sixty-five  hundred  eleven  of  the  education   law,   or   making   a
determination  for issuing a license to practice a profession or issuing
certificates and privileges for which prior  licensure  is  required  as
appropriate.  Provided,  further, that the board of regents may consider
any prior conviction that formed the basis of  a  determination  of  the
board  of  regents  in  a  disciplinary  proceeding  pursuant to section
sixty-five  hundred  ten  of  the  education  law  and  the  rules   and
regulations   promulgated   pursuant   thereto  in  an  application  for
reconsideration, even if such conviction later becomes  sealed  pursuant
to this section; and
(xvii)  the  office  of  mental  health and the office for people with
developmental  disabilities,  where  such   agencies   are   statutorily
authorized  to  receive  such  information,  provided further, that such
information may also be made available for  case  review  under  section
10.05  of  the  mental  hygiene  law,  as well as to providers licensed,
funded, designated, certified or otherwise authorized by the  office  of
mental  health or the office for people with developmental disabilities,
where such information is included in the clinical record of any  person
under the care of or receiving services from such provider or program.
(e)  Where  the  sealing required by this section has not taken place,
including where supporting court records cannot be located or have  been
destroyed,  and  a  defendant  or their attorney submits a valid form in
accordance with paragraph (dd) of subdivision two of section two hundred
twelve of the judiciary  law  of  such  fact  to  the  office  of  court
administration,  such  conviction  shall  be sealed as set forth in this
subdivision within thirty days of the receipt of such form.
(f) The  department  of  corrections  and  community  supervision,  in
coordination  with  the  division  of  criminal  justice services, shall
provide the office of court administration with the  data  necessary  to
determine  appropriate  records  to  be sealed pursuant to this section,
including but not limited to (i) the date or dates of release from state
incarceration of individuals who have a sentence of incarceration for  a
felony  conviction,  and  (ii)  the  date  or dates of initial parole or
post-release supervision and corresponding date or dates  of  discharge,
as applicable.
(g)  The  chief  administrative  officer  of  each  local correctional
facility shall provide the office of court administration with the  data
necessary to determine appropriate records to be sealed pursuant to this
section,  including  but  not limited to the date or dates of release of
individuals who have satisfied a definite sentence of imprisonment.
2. Upon the sealing of a  conviction  pursuant  to  this  section  the
office  of court administration shall immediately notify the division of
criminal justice services, the court of conviction,  county  clerks  and
the   heads   of   all   appropriate  police  and  sheriff  departments,
prosecutors' offices and law enforcement agencies that the conviction is
sealed. Upon receipt of such notification, records  of  or  relating  to
such conviction shall be immediately sealed as follows:
(a)  Every  photograph  of  the  defendant  and photographic plates or
proof, and all palmprints, fingerprints and retina scans taken  or  made
of the defendant in regard to the sealed conviction, and all duplicates,

reproductions,  and copies thereof, except a digital fingerprint that is
on file with the division of criminal justice services for a  conviction
that  has  not  been sealed pursuant to this section, shall be marked as
sealed  by  any  entity  notified under this subdivision having any such
photograph, photographic plate  or  proof,  palmprint,  fingerprints  or
retina  scan  in  its  possession  or under its control by conspicuously
indicating on the face  of  the  record  or  at  the  beginning  of  the
digitized  file  of  the  record  that the record has been designated as
sealed.
(b) Every official record and paper and duplicates and copies thereof,
including, but not limited to, judgments and orders of a court  but  not
including published court decisions or opinions or records and briefs on
appeal,  relating  to  the  sealed  conviction,  on file with the entity
notified  under  this  subdivision  shall  be  marked   as   sealed   by
conspicuously  indicating  on the face of the record or at the beginning
of the digitized file of the record that the record has been  designated
as sealed.
(c) Entities subject to the requirements of this subdivision shall not
use  or  access  such  sealed  information  unless  otherwise authorized
pursuant to this section or any other section of law.
(d) Nothing in this section shall be construed to interfere  with  the
applicable  laws,  rules  and  regulations  requiring  the  division  of
criminal justice services to administer and  maintain  criminal  history
records as set forth in article thirty-five of the executive law.
3.  (a) Nothing in this section requires the sealing or destruction of
DNA information maintained in  the  New  York  state  DNA  database,  in
accordance  with  article  forty-nine-B  of  the  executive  law,  of an
individual whose conviction is sealed under this section.
(b) Nothing in this section requires the  sealing  or  destruction  of
records  maintained  by the department of motor vehicles, and nothing in
this section shall be construed to contravene the  vehicle  and  traffic
law,  the  federal  driver's  privacy  protection act (18 U.S.C 2721 et.
seq.), the REAL ID Act of 2005  (Public  Law  109-13;  49  U.S.C.  30301
note),  section 7209 of the Intelligence Reform and Terrorism Prevention
Act of 1986 (49 U.S.C. 31311), the Commercial Motor Vehicle  Safety  Act
of  1986  (Public  Law  99-570; 49 U.S.C. 313), the Motor Carrier Safety
Improvement Act of 1999 (Public Law 106-159), or regulations promulgated
pursuant to any such chapter or act.
(c) The  division  of  criminal  justice  services  is  authorized  to
disclose  a  conviction  that  is  sealed  pursuant  to  this section to
entities that are required by federal law, or by rules  and  regulations
promulgated by a self-regulatory organization created under federal law,
to  consider  sealed  convictions.  Such  entities  must  certify to the
division that they  are  required  by  federal  law,  or  by  rules  and
regulations  promulgated by a self-regulatory organization that has been
created under federal law, to make an inquiry about or consider  records
sealed  pursuant  to this section for purposes of employment, licensing,
or clearance. To the extent permitted by federal law,  a  record  sealed
pursuant  to  this section may not be considered a conviction that would
prohibit the employment, licensing or clearance of the defendant.
(d) Nothing in  this  section  shall  prohibit  entities  required  by
federal  law to consider sealed convictions, or by rules and regulations
promulgated by a self-regulatory  organization  that  has  been  created
under  federal  law,  from  making  an  inquiry  about or considering an
applicant's criminal history for purposes of employment,  licensing,  or
clearance  from  inquiring  into  convictions  sealed  pursuant  to this
section.
(e) In any civil action, an official record of a conviction  that  has
been  sealed  pursuant to this section may not be introduced as evidence
of negligence against a  person  or  entity  that  provided  employment,
contract  labor  or services, volunteer work, licensing, tenancy, a home
purchase,  a mortgage, an education, a loan, or insurance if such record
was sealed and was not provided to the person or entity by or on  behalf
of  a governmental entity in accordance with this section in response to
such person's or entity's authorized and timely request  for  conviction
history information.
(f)   A  person  or  entity  described  in  this  subdivision,  acting
reasonably and in good faith, may not have a  duty  to  investigate  the
fact  of  a  prior  conviction  that  has  been  sealed pursuant to this
section.
4. No defendant shall be required or permitted  to  waive  eligibility
for  sealing  pursuant  to  this  section  as  part of a plea of guilty,
sentence or any agreement related to a conviction for a violation of the
laws of this state. Any such waiver is void and unenforceable.
5. Sealing as set forth in subdivision two of this section is  without
prejudice  to  a  defendant  or  their  attorney  seeking further relief
pursuant to article four hundred forty of this chapter. Nothing in  this
section  is intended or shall be interpreted to diminish or abrogate any
rights or remedies otherwise available to the defendant.
6. The office of court administration shall make diligent  efforts  to
promptly  seal  all  conviction  records eligible for sealing under this
section where such convictions were entered on or before  the  effective
date  of  this  section  and, in any event, shall ensure sealing of such
convictions is complete no later than three years after  such  effective
date.
7.  A  conviction which is sealed pursuant to this section is included
within the definition of a conviction for the purposes of  any  criminal
proceeding  in  which  the  fact  of  a prior conviction would enhance a
penalty or is an element of the offense charged.
8. Nothing in this section shall be construed to permit sealing  of  a
conviction  before  the  expiration  or  termination  of  a  sentence of
incarceration, parole, probation, or post-release supervision  for  such
conviction.
9.  Nothing in this section shall be construed to affect or invalidate
any active order of protection issued in relation to a conviction sealed
under this section.
10. Nothing in this section shall be construed to require or authorize
the discharge of the requirement to  pay  any  restitution,  reparation,
fines,  surcharges,  or  fees imposed for a conviction sealed under this
section or the sealing  of  a  criminal  or  civil  proceeding  for  the
collection  of  any such amount due, unless such proceeding is otherwise
eligible for sealing under this section or any other provision of law.
* NB Effective November 16, 2024