* § 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