Generally speaking, if you were convicted as a juvenile (between the ages of 7 and 16) and you are not convicted of other offense, your record will be sealed. I was convicted of a criminal offense can I have my record sealed? If you were convicted as a juvenile: Although OCA is supposed to limit the accessibility of these files, it is still possible that a potential employer or landlord may be able to gain access to these sorts of records. Although records may be sealed, they cannot be completely deleted in New York, as the OCA official court records will still be open and available through the OCA database. This is because in New York there is no expunging, or complete erasing of criminal records. There is still a database of court records kept at the New York State Office of Court Administration (OCA). In New York, records may be sealed, but they cannot be completely deleted

While statute CPL §160.55(1)(c) states that this is the case, there are certain exceptions, including the violation of driving while ability impaired ( DWAI), loitering, marijuana violations, or if the DA or judge decide to keep the record open in the “interest of justice,” in which case they must give you notice within five days. In most cases, if you are convicted of a noncriminal offense–such as a violation or traffic infraction–and have an otherwise clean record, the record of this violation will be sealed after one year. If I was convicted of a noncriminal offense, can I have my record sealed? Once a department or agency receives a report of the acquittal or dismissal, that is sufficient for the sealing of your record.

If any of those documents have been shared with any other departments or agencies outside of New York State, the disseminating agency has to request that they either be destroyed or returned to the department from which they were sent. It is then the job of those departments and agencies to remove all photographs, palm and fingerprints, records, and documents, including every brief or opinion related to your case, and any copies from their systems. In most criminal cases, according to New York Criminal Procedure Law (CPL) §160.50, if your case is dismissed, or if your are acquitted of the charges, the clerk of the court is supposed to inform the Division of Criminal Justice Services (DCJS) and the heads of any law enforcement departments or agencies who may have documentation of your case.

But, what exactly does “sealing criminal records” mean? In New York State, if you are acquitted or if your case is dismissed, then your records should be sealed. Here is our Guide to Sealing Criminal Records: What happens to my criminal record if my case is dismissed or if I am acquitted? What information is accessible to employers and the public? What control do you have over the information included in your records? Can you seal your record to prevent that information from getting into other people’s hands? If you’ve ever been charged with a crime in New York, one of your primary concerns will be how it affects your record.

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