A provision in the state’s landmark Raise the Age law – allowing individuals who have remained crime-free for 10 years to request that certain New York State convictions be sealed – takes effect Saturday.
The new provision allows eligible individuals to petition the court to seal up to two misdemeanor convictions; one misdemeanor and one felony conviction; or one felony conviction.
According to the governor’s office, to be eligible, an individual must have no convictions on their record for at least 10 years and have no charges pending. Individuals who were incarcerated may not apply until a decade following their release date.
Convictions that are excluded from sealing include:
- Sex crimes or any offense requiring registration as a sex offender;
- child pornography;
- murder, manslaughter and other homicide charges;
- certain conspiracy charges;
- and any crime defined by law as a Class A or violent felony.
The seal applies to all public court records and those maintained by the state Division of Criminal Justice Services. The repository for New York’s criminal history records; law enforcement records are excluded. Once sealed, convictions can only be provided under certain circumstances, including to state or federal law enforcement acting within the scope of their duties including for hiring purposes; and pistol permit licensing officials. Individuals and their attorneys also will have access to the information. Additional information is available here.