Record relief: Sealing is authorized for up to two convictions (only one of them a felony) 10 years after sentencing or release from prison. Sex offenses, class A and violent felonies are ineligible. Multiple eligible convictions “committed as part of the same criminal transaction” are considered a single conviction. If the district attorney does not object, the court may decide the application without a hearing, applying a multi-factor test to determine rehabilitation. Conditional sealing is also available upon completion of judicial diversion, and it may extend to up to three prior misdemeanors. Prostitution convictions for victims of human trafficking may be vacated and sealed. Certain marijuana convictions are automatically expunged. Sealing of non-conviction records is mandatory upon termination of the action in favor of the accused. Juvenile adjudications terminated in favor of the juvenile must be sealed, and those concluding in a finding of delinquency may be sealed. Youthful offender (16-19) records are sealed automatically upon adjudication.
Judicial/administrative certificates: A Certificate of Relief from Disabilities (CRD) may be obtained from the sentencing court for first felony offenders not sentenced to prison, and otherwise from the parole board. A Certificate of Good Conduct (CGC) is available from the parole board for people with multiple felonies. Both certificates relieve mandatory consequences and signify rehabilitation, but only the CGC restores firearms rights and eligibility for public office. Persons residing or doing business in New York with convictions from other states or with federal convictions are eligible to apply for certificates.
