Sealing Criminal Records in New York: A Second Chance

Sealing Criminal Records in New York: A Second Chance

If you have a criminal record in Nassau County, you’re not defined by it forever. New York law allows certain convictions to be sealed (sometimes called “expunged”) — which means your record is no longer readily available to the public or employers. While the process can feel complex, having clear legal guidance makes all the difference. As a local criminal defense attorney, I help clients pursue record sealing in Hempstead, Mineola, Freeport, and across Nassau County, so they can move forward confidently.

What Does It Mean to “Seal” a Criminal Record in NY?

In New York, sealing a record doesn’t erase it — it simply limits public access. The result:

 

  • Employers, landlords, and background check services cannot view the sealed record

  • Your record is still visible to law enforcement, but not hidden, so it doesn’t impact most job or housing opportunities

 

The Criminal Procedure Law § 160.59 allows sealing for eligible convictions — like most non-violent misdemeanors and even some felonies after a waiting period.¹

Who Is Eligible for Record Sealing?

Here’s a quick breakdown of eligibility in New York:

Non-violent misdemeanor convictions

Petty offenses and violations

Excluded: Most violent felonies, sex offenses, DUIs, or DWI unless specified in the law

One record sealed at a time, with pay-off after each step

Specific waiting periods apply:

  • Misdemeanors → 5 years after final discharge

  • Violations → 3 years

  • Felonies → 8 years, only those listed in the CPL § 160.59 table²

How the Record Sealing Process Works

  • File an Application with Court
    You or your attorney apply in the court where the conviction occurred.

  • Submit Legal Briefs & Victim Notice (If Required)
    For some offenses, you must notify the victim or district attorney.

  • Court Hearing May Be Requested
    While not always required, the judge may hold a hearing, especially if objections are raised.

  • Decision and Sealing Order
    If approved, the court issues a sealing order — record is removed from public systems.

  • Notification and Record Removal
    Sealed records are no longer searchable by most public or private databases.

Why Sealing Your Record Matters in Nassau County

  • Employment is Easier → Hiring managers usually don’t see your record

  • Housing becomes accessible → Landlords may give you a chance

  • Professional Licensing Helps → Expands your career options

  • Peace of Mind → Knowing old mistakes don’t follow you

Local Context for Nassau County

Nassau County courts — like those in Mineola and Hempstead — are increasingly open to sealing orders when:

  • It’s a non-violent misdemeanor

  • You have a clean record since conviction

  • You’ve paid all fines and completed any required programs

Many clients I work with successfully seal old marijuana or theft charges — helping their lives move forward.

Alternative Options: Pardons & Certificates of Relief

If you’re not eligible for sealing:

  • An Executive Pardon from the Governor can restore rights and record access — though rare

  • Certificates of Relief exist for limited cases — usually tied to employment in security or licensed industries

Sealing your record can open doors and ease the burden of past mistakes. If you’re unsure about your eligibility or want help navigating the process, I can help.
Contact me today to schedule a free, confidential consultation and learn how your record could be sealed.

Helpful Resources for Nassau County

To explore more about record sealing and related legal options: