A criminal record can follow a person long after the case is over. The sentence may be complete, the fines paid, probation finished, and years may have passed. But the conviction can still appear when someone applies for a job, an apartment, a professional license, or another opportunity that requires a background check.
In 2017, New York created a meaningful petition-based path for some people with older convictions. The statute is Criminal Procedure Law 160.59. It allows eligible people to ask a court to seal certain New York criminal convictions from most public background checks. It is not automatic. It is not the same as expungement. It does not erase the conviction for every purpose.
New York now also has the Clean Slate Act, which creates automatic sealing for many eligible convictions after statutory waiting periods. That law is separate from CPL 160.59. For people whose records are not yet sealed automatically, whose convictions may fall outside Clean Slate, or who need a court-ordered sealing application under the older petition process, CPL 160.59 remains an important legal tool for moving an old conviction out of ordinary public view.
Here is what the statute does, who may qualify, and what the petition process usually looks like in Kings County.
Let me answer the questions you probably have
- Sealing versus expungement, and why they are not the same
- Who may qualify under CPL 160.59 and who is excluded
- The ten-year waiting period and when the clock starts
- Convictions and case outcomes that may be sealed automatically without a CPL 160.59 motion, including Clean Slate sealing
- What a sealed record actually means for employment, housing, licensing, and daily life
- What the petition process looks like in Kings County
Sealing is not expungement
People often use the words interchangeably. Under New York law, they are not the same thing.
Expungement means the record is erased or destroyed for legal purposes. New York does not have broad expungement for adult criminal convictions. Some cannabis-related convictions were expunged or otherwise removed from ordinary public access after the Marijuana Regulation and Taxation Act. Certain other narrow categories may be treated differently. But as a general rule, New York does not simply erase adult convictions.
Sealing is different. Sealing keeps the record in existence but restricts who can see it. A sealed conviction under CPL 160.59 is generally hidden from ordinary public background checks, including many private employment and housing screenings. But sealed records may still be available in specific contexts, including certain law-enforcement, court, licensing, government, firearm, immigration, and federal screening situations. If you are not a U.S. citizen, sealing under CPL 160.59 should not be treated as sealing the conviction for immigration purposes.
For many people, sealing is still enough. It can remove an old conviction from the background-check process that affects ordinary employment, housing, and daily life. But it is important to understand the limit: sealing restricts access. It does not destroy the record.
Who qualifies under CPL 160.59
CPL 160.59 is specific about eligibility. Before filing, each conviction has to be checked against the statute, the person’s full record, and the waiting-period rules.
No more than two convictions can be sealed. A person may apply to seal up to two eligible convictions. No more than one of those convictions may be a felony. If the person has more than two criminal convictions, eligibility becomes a threshold problem. However, multiple eligible convictions that arise from the same criminal transaction may be treated as one conviction for purposes of the statute.
There is a ten-year waiting period. The waiting period is measured from the later of two dates: the date sentence was imposed on the most recent conviction, or the date the person was released from incarceration on that conviction. The most recent conviction controls the analysis. New arrests, open cases, or later convictions can affect eligibility and timing.
There cannot be a pending criminal case. A person seeking sealing under CPL 160.59 cannot have an open criminal charge when the motion is filed. Any pending criminal matter has to be resolved before the court can properly consider sealing.
Some convictions are excluded. Certain offenses are not eligible for sealing under CPL 160.59. Excluded categories include, among others, sex offenses, sexually violent offenses, Class A felonies, violent felony offenses as defined under Penal Law 70.02, and certain other serious offenses identified by statute. The exclusion analysis must be done by looking at the exact conviction statute, not just the name of the charge.
The judge still has discretion. Eligibility does not guarantee sealing. Even if the technical requirements are met, the court decides whether sealing should be granted. The judge may consider the nature and seriousness of the offense, the time that has passed, the person’s conduct since the conviction, rehabilitation, employment, family responsibilities, public-safety concerns, and the impact sealing would have on the person’s life.
That last point matters. CPL 160.59 is not a box-checking statute. The petition has to persuade the court that sealing is appropriate and consistent with the interests of justice.
Things that get sealed without any motion
Some records may already be sealed or protected under other New York laws. That is why the first step is always to review the actual record, not guess from memory.
Clean Slate automatic sealing. New York’s Clean Slate Act, effective November 16, 2024, creates automatic sealing for many eligible misdemeanor and felony convictions after statutory waiting periods, subject to exclusions and implementation timing. The court system has until November 16, 2027, to complete sealing of eligible records. Clean Slate is separate from CPL 160.59. A person may still need a CPL 160.59 petition if automatic sealing has not occurred, if timing is uncertain, if the record needs court-specific analysis, or if the conviction is not covered by automatic sealing.
Cases that ended without a conviction. Under CPL 160.50, many cases that end in dismissal, acquittal, decline to prosecute, or another termination in favor of the accused are sealed automatically. These records generally should not appear on ordinary public background checks, although specific exceptions may apply.
Non-criminal dispositions. CPL 160.55 applies to certain cases that end in non-criminal convictions, such as violations. Common examples include disorderly conduct or harassment in the second degree. These are not crimes under New York law, and the sealing rules are different from conviction sealing under CPL 160.59.
Cannabis-related records affected by MRTA. The Marijuana Regulation and Taxation Act changed the treatment of many older cannabis convictions. Certain marijuana or cannabis convictions for conduct that is now lawful, reduced, or treated differently under current law may have been automatically expunged, vacated, dismissed, or sealed depending on the statute and disposition. The exact effect depends on the conviction.
Youthful offender and juvenile records. Youthful offender adjudications under CPL Article 720 are generally confidential and are not treated the same as adult criminal convictions. Juvenile delinquency matters under Family Court Act Article 3 are also generally protected from ordinary public access. These records require separate analysis and are not the same as adult conviction sealing under CPL 160.59.
If your record is mostly in one of these categories, you may not need a CPL 160.59 motion at all. The practical first move is to obtain your own criminal history and determine what is actually visible.
CPL 160.59 vs. Clean Slate: which sealing law applies?
CPL 160.59 and Clean Slate both restrict access to criminal records, but they work differently.
- CPL 160.59 is petition-based. The person files a motion in court, serves the prosecutor, and asks a judge to seal eligible convictions. The court has discretion to grant or deny the application.
- Clean Slate is automatic for eligible convictions. Once the statutory criteria and waiting periods are met, eligible records are supposed to be sealed without the person filing a motion, subject to exclusions and statewide implementation.
- CPL 160.59 can still matter. Automatic sealing does not eliminate the need to review the record. Some people need confirmation of what is visible, some need relief before an automatic process is complete, and some records require a petition-based strategy because of eligibility, timing, or court-record issues.
The safest approach is to review the RAP sheet and court dispositions first, then decide whether the record is already sealed, eligible for automatic sealing, or better addressed through a CPL 160.59 motion.
What sealing actually does for you
If a conviction is sealed under CPL 160.59, access to that conviction is restricted for many ordinary purposes.
In many situations, sealing can help with:
- standard private employment background checks
- many housing and tenant screenings
- ordinary public criminal-record searches
- applications where the employer or agency is not authorized to ask about or consider sealed convictions
New York Executive Law 296(16) generally restricts employers and licensing agencies from asking about or acting upon certain sealed or favorably terminated matters, subject to important exceptions. For many private employment applications, a person whose conviction has been sealed may be permitted to answer that they have not been convicted, unless the application falls within an exception or specifically lawfully requires disclosure of sealed convictions.
Sealing does not do all of the following:
- It does not destroy the record.
- It does not make the conviction disappear for every government or law-enforcement purpose.
- It does not necessarily prevent access in federal employment, immigration, firearm, law-enforcement, or certain licensing contexts.
- It does not automatically restore a license, immigration status, firearm right, or other collateral consequence that was already affected by the conviction.
- It does not seal the conviction for every immigration purpose, and non-citizens should have immigration consequences analyzed separately before relying on sealing.
- It does not prevent a sealed conviction from being relevant in certain future criminal proceedings where the law permits access.
For everyday background-check purposes, sealing can be highly valuable. For specialized settings, the answer depends on the exact agency, application, profession, and legal authority involved. That should be analyzed before the petition is filed, especially if the person is applying for a professional license, federal job, immigration benefit, firearm purchase, or security-sensitive position.
What the petition process actually involves
A CPL 160.59 motion is not just a short form. It is a formal application to the court that handled the conviction, supported by records, sworn statements, and an argument explaining why sealing is appropriate.
Step 1: Pull a full criminal history
Before anything is filed, the full record has to be reviewed. That usually means obtaining a criminal history report through the New York State Division of Criminal Justice Services or reviewing court records through the Office of Court Administration. The goal is to identify every arrest, every disposition, every conviction, and any open matter.
Step 2: Confirm eligibility
Each conviction must be checked against CPL 160.59. The lawyer calculates the ten-year waiting period, reviews whether the person has too many convictions, determines whether any conviction is excluded, and confirms that no criminal case is pending. If there is an eligibility problem, it should be identified before the motion is filed
Step 3: Draft the petition
The petition should include the required court documents, certified disposition records, and a sworn statement from the petitioner. It should also explain what has happened since the conviction: employment, education, treatment, family responsibilities, community involvement, military service, volunteer work, rehabilitation, and the concrete ways the record is affecting the petitioner’s life.
The quality of the submission matters. A bare-bones filing may technically ask for sealing, but the stronger petition tells the court why sealing is justified now.
Step 4: Serve the prosecutor
The motion must be served on the appropriate prosecutor. In a Brooklyn conviction, that usually means the Kings County District Attorney’s Office. If the petition seeks to seal convictions from more than one county, each appropriate prosecutor may need to be served. The prosecution has an opportunity to respond or object. In some cases, the DA consents or takes no position. In others, the DA objects and identifies the reasons. The prosecution’s position can affect whether the court decides the motion on papers or schedules a hearing.
Step 5: Court determination
The court may decide the motion based on the written papers or may hold a hearing. If there is a hearing, the petitioner may need to appear and answer questions about the conviction, rehabilitation, work history, current life circumstances, and why sealing is being requested. If the motion is granted, the court issues an order directing the appropriate agencies to seal the conviction records covered by the order.
Why this is worth doing right
A CPL 160.59 motion should be handled carefully. Eligibility can be subtle. The conviction statute matters. The waiting period can be miscalculated. A record that looks simple may have a disqualifying conviction, an open case, or an out-of-state issue that changes the analysis. And even where the person is eligible, the court still has discretion.
The petition should do more than say that ten years have passed. It should show rehabilitation, stability, public-safety considerations, and the concrete harm caused by continued public access to the conviction. Employment denials, licensing barriers, housing problems, education goals, family responsibilities, and treatment history can all matter when properly documented.
For many people, it makes sense to work with a Brooklyn criminal defense attorney who regularly handles sealing motions. The work includes pulling and reading the record, confirming eligibility, gathering supporting documents, drafting the petition, serving the prosecutor, responding to objections, and appearing for any hearing. Timing varies by court and case posture, but a sealing motion can take several months from record review to decision.
When sealing is worth pursuing
Not every eligible person needs to file immediately. A sealing motion may be especially worth considering when:
- you are applying for work and the conviction is appearing on background checks
- you are applying for a professional license or certification and the conviction is creating barriers
- you are seeking housing and tenant-screening reports are causing problems
- the conviction is affecting custody, family-court, or other court-related proceedings
- you are applying for education, training, or employment programs that screen criminal history
- you want to reduce the ordinary public visibility of an old conviction that no longer reflects your life
Sealing may be less useful where the only issue is a context that can still lawfully access sealed records, such as certain law-enforcement, federal, immigration, firearm, or specialized licensing settings. That does not mean sealing has no value in those contexts. It means the benefit has to be assessed carefully, especially now that Clean Slate may already provide automatic sealing for some eligible records.
If you are weighing whether to hire counsel, my piece on choosing a Brooklyn criminal defense attorney covers what to ask and what to watch for.
If you are considering a sealing motion
The first step is the same in every case: get the record and review it carefully. Eligibility is not always obvious. Convictions that look ineligible sometimes require closer statutory analysis. Records that look clean sometimes contain complications. Until the record is reviewed, the strategy cannot be responsibly planned.
Spahija Law is at 147 Prince Street, Suite 238, Brooklyn, NY 11201. We handle CPL 160.59 sealing motions in Kings County and surrounding counties, alongside our criminal defense practice.
A free 30-minute consultation about your record and eligibility can be booked here: https://spahijalaw.cliogrow.com/book. Calls are answered 24/7 at 646-453-4001.
For what this kind of work typically costs, see my breakdown of criminal defense lawyer fees in Brooklyn.
A few questions people ask
Once sealed, can I legally say I have no convictions?
In many ordinary private employment and housing contexts, a person whose conviction has been sealed under CPL 160.59 may answer that they have not been convicted, because New York law restricts many employers and licensing agencies from asking about or acting on sealed convictions. But there are important exceptions. Law-enforcement jobs, certain government positions, some professional licensing applications, firearm-related applications, immigration matters, federal screening, and applications that lawfully ask about sealed convictions may require a different answer. The application and the legal context must be read carefully before responding.
Can I seal a record from another state in Brooklyn?
No. CPL 160.59 applies to eligible New York convictions. Out-of-state convictions are governed by the law of the state where the conviction occurred. A New York lawyer may be able to help identify the issue or coordinate with counsel in that state, but a Brooklyn court cannot seal another state’s conviction under CPL 160.59.
How much does a sealing motion cost?
It depends on the record and the amount of work required. A single eligible conviction with a clean record and no opposition is usually less complex than a record involving multiple convictions, multiple courts, old files, contested eligibility, prosecutor opposition, or a hearing. A realistic estimate requires reviewing the RAP sheet and court dispositions firs
When does the ten-year clock actually start?
For CPL 160.59, the ten-year period runs from the later of two dates: imposition of sentence on the most recent conviction or release from incarceration on that conviction. The most recent conviction controls. Time spent on probation or parole does not necessarily pause the statutory period, but new arrests, new convictions, or pending cases can change the eligibility analysis. Clean Slate uses its own automatic-sealing waiting periods and exclusions, so the two analyses should not be treated as identical.
What if my motion is denied?
A denial does not always mean sealing is impossible forever. Depending on the reason for the denial, a later application may be possible if the problem can be addressed. For example, a new petition may include stronger rehabilitation documentation, proof of employment or education, evidence of community involvement, more time without new arrests, or resolution of issues the court identified. The next filing should directly address the reason the first motion was denied.
| Firm | Spahija Law |
|---|---|
| Address | 147 Prince Street, Suite 238, Brooklyn, NY 11201 |
| Phone | 646-453-4001 |
| Practice Area | Criminal Defense – Brooklyn & NYC |
| Consultation | Free 24/7 consultation available |
