Understanding New York Record Sealing: CPL § 160.59 and Marijuana Expungement Under MRTA

New York's Record Relief Framework: Sealing, Not Expungement

New York does not have general expungement for most criminal convictions. This is an important threshold point that anyone researching New York criminal record relief must understand clearly. When the term "expungement" appears in New York discussions, it typically refers either to the sealing mechanism under Criminal Procedure Law § 160.59 (which hides records but does not destroy them) or to the marijuana expungement under the Marihuana Regulation and Taxation Act (which does result in true record destruction, but applies only to cannabis offenses). For the vast majority of non-marijuana criminal convictions in New York, sealing under CPL § 160.59 is the only available state-level remedy.

The distinction between sealing and expungement matters practically. When a New York conviction is sealed under CPL § 160.59, the record continues to exist — it is not destroyed. It is placed in a restricted status such that it no longer appears in the public-facing criminal history system, and most private employers, landlords, and members of the public cannot access it through standard background check channels. However, law enforcement agencies, courts, prosecutors, and certain licensing bodies retain access to sealed records, and the records can be unsealed in subsequent criminal proceedings. For many people, sealing provides sufficient practical relief. For those whose goals include federal employment or positions with licensing bodies that access sealed records, the limitations matter.

CPL § 160.59: The Core Sealing Statute

New York's primary conviction sealing statute, CPL § 160.59, was enacted in 2017 as part of a criminal justice reform package and represented the first time New York created a pathway for sealing actual conviction records. It has specific eligibility criteria that limit the number of people who qualify, and understanding each element is essential for a realistic eligibility assessment.

The statute permits sealing of up to two convictions on a person's record, subject to the restriction that no more than one of those two convictions can be a felony. If a person has three or more convictions, they may still apply — but only two convictions can be sealed, and they must choose which two to include in the application.

The waiting period under § 160.59 is ten years. This is calculated from the later of two possible reference points: the date of sentencing on the most recent conviction, or the date of the person's release from incarceration following the most recent conviction. If a person was sentenced in 2013 and released from prison in 2016, the ten-year period begins in 2016 and the earliest filing date would be 2026. The waiting period counts only clean time — any new conviction during the ten-year period disqualifies the petitioner and the clock does not restart; it effectively prevents filing until ten clean years have accumulated from the most recent conviction.

The petitioner also must have no pending criminal charges at the time the application is filed. An open case — even a minor violation that has not yet been resolved — is a bar to filing and will result in denial.

Conviction Types That Are Ineligible Under CPL § 160.59(7)

The statute's list of ineligible conviction types is extensive and captures many of the most common serious convictions in New York. Understanding these exclusions is essential because a petitioner who has an ineligible conviction among their total record cannot seal that conviction — and if it is one of only two total convictions, they may find the practical benefit of sealing the other one limited.

Violent felony offenses as defined in Penal Law § 70.02 are categorically ineligible for sealing. This encompasses a broad range of offenses including robbery, assault in the first and second degree, burglary in the first and second degree, arson, kidnapping, and manslaughter. The violent felony list under PL § 70.02 is long and detailed, and a careful review against the petitioner's specific conviction is necessary.

Class A felonies are ineligible. Class A felonies in New York are the most serious category and include murder in the first and second degree, kidnapping in the first degree, arson in the first degree, certain major drug trafficking offenses, and other severe crimes.

Sex offenses requiring registration under Correction Law Article 6-C are categorically excluded. New York's Sex Offender Registration Act (SORA) covers a wide range of offenses, and any conviction that triggers SORA registration cannot be sealed.

Any crime where the victim was a minor under age 18 is excluded, reflecting a legislative judgment that offenses against children carry permanent public interest concerns. Sexually motivated felonies under Penal Law § 130.91 are also excluded.

The Application Process Under CPL § 160.59

The sealing application is submitted to the court that imposed the sentence for the most recent conviction to be sealed. If the applicant is seeking to seal two convictions from different courts, the application goes to the court that handled the most recent one, and that court coordinates with the other court as needed.

Upon filing, the application is automatically forwarded to the district attorney's office for the county where each conviction occurred. The district attorney has forty-five days from receipt of the application to file a written statement of opposition. If the district attorney does not oppose within that period, the court may proceed to grant the sealing without a hearing. If the district attorney files an opposition, the court schedules a hearing.

At the hearing, the petitioner and the district attorney each have the opportunity to present arguments. The court considers a non-exhaustive list of statutory factors in deciding whether to grant sealing, including the nature and circumstances of the offenses, the petitioner's conduct since conviction, the petitioner's history of prior criminal convictions, the time elapsed since the conviction, the adverse effect that continued public access to the record has on the petitioner's rehabilitation and reintegration, and the impact that sealing would have on the safety of the community.

Courts retain broad discretion in weighing these factors and the outcome is not guaranteed even for technically eligible petitioners. A petitioner who has maintained consistent employment, completed educational programs, participated in community activities, and has no subsequent criminal history is in a substantially stronger position than a petitioner who meets the technical requirements but cannot demonstrate concrete rehabilitation.

The Practical Effect of Sealing Under CPL § 160.59

After sealing is granted, the conviction record is removed from the criminal history record databases accessible to the public, to most private employers, and to most landlords. Standard background checks conducted through the New York Division of Criminal Justice Services (DCJS) by private entities will not show the sealed conviction. Online court records databases maintained by the Office of Court Administration (OCA) are updated to reflect the sealing.

The person may answer "no" to most questions about prior convictions on employment applications, rental applications, and similar inquiries. New York Human Rights Law and related statutes protect applicants from adverse decisions based on sealed records in most private-sector employment and housing contexts.

The exceptions to this protection are significant and must be understood by anyone contemplating the sealing process. Law enforcement agencies — police departments, sheriff's offices, state police, and other law enforcement entities — retain access to sealed records for law enforcement purposes. Prosecutors may access sealed records in connection with subsequent criminal proceedings, and sealed records can be considered in sentencing if the person is later convicted of a new offense. Certain licensing bodies also retain access, including those overseeing law, medicine, real estate brokerage, and other licensed professions.

Federal employers and federal contractors conducting background checks through federal databases are not bound by New York's sealing law. Federal employment background investigations frequently access court records directly, and sealed New York convictions may still appear in federal investigations. Positions requiring federal security clearances are particularly likely to surface sealed state records through independent investigation.

Automatic Sealing of Non-Conviction Records: CPL §§ 160.50 and 160.55

Separate from the conviction sealing process under § 160.59, New York's CPL §§ 160.50 and 160.55 provide for automatic sealing of arrest and prosecution records in cases that did not result in conviction. These provisions operate automatically in most cases without any petition from the person whose record is affected.

Under § 160.50, when a criminal action or proceeding terminates in favor of the accused — through acquittal, dismissal, nolle prosequi, or similar favorable disposition — the records of that action are sealed automatically. This includes fingerprints, photographs, arrest reports, and court records. The sealing happens as a matter of course at the conclusion of the case, and no action is typically required from the individual.

Under § 160.55, when a criminal action terminates in a non-criminal disposition — such as a violation-level conviction rather than a misdemeanor or felony — sealing also occurs, though the scope of sealing under § 160.55 is somewhat more limited than under § 160.50. Violation convictions themselves remain accessible in limited contexts.

For persons who discover that a non-conviction arrest is still appearing on their background check, the automatic sealing under §§ 160.50 and 160.55 may not have been implemented correctly by the arresting agency or the court. In these cases, affirmative steps to confirm the sealing occurred — through DCJS records requests — may be necessary, and a petition to the court to enforce the sealing order may be appropriate.

MRTA Marijuana Expungement: Cannabis Law § 222.20

The Marihuana Regulation and Taxation Act (MRTA), enacted in 2021, created a separate and distinct pathway for true expungement — not sealing — of prior marijuana convictions. Under Cannabis Law § 222.20, convictions for conduct that was unlawful at the time but is now lawful under the MRTA (primarily personal possession and use of marijuana in amounts now permitted under state law) are subject to automatic expungement.

The word "automatic" here has real meaning: the Office of Court Administration and the Division of Criminal Justice Services process these expungements without any petition required from the individuals affected. The prior convictions under Penal Law § 221 (the former marijuana offense statute) that cover the eligible conduct are being processed systematically by state agencies. The estimated number of convictions subject to this automatic expungement was over 150,000 statewide.

True expungement under MRTA means the record is destroyed, not sealed. The MRTA specifically provides for destruction of records, making the outcome categorically different from the sealing under CPL § 160.59. A person whose marijuana conviction is expunged under MRTA may truthfully answer "no" to questions about prior criminal convictions in any context — including federal employment applications, licensed profession applications, and other contexts where sealed records might still surface.

It is critical to understand the scope of MRTA expungement. The MRTA covers convictions for conduct that is now lawful — primarily personal possession in amounts consistent with current legal allowances. Marijuana trafficking offenses, offenses involving distribution, offenses involving larger quantities, and offenses that occurred in connection with other criminal conduct are not automatically expunged under MRTA. Those offenses remain subject to the standard § 160.59 framework, with all of its waiting periods and limitations.

The Gap: Who CPL § 160.59 Does Not Help

The ten-year waiting period, the two-conviction cap, and the extensive list of ineligible offense types under § 160.59(7) mean that a substantial portion of New Yorkers with criminal records do not qualify for sealing. Persons with violent felony convictions — which are among the most common serious convictions in New York — are categorically excluded. Persons with more than two total convictions may find that their most impactful convictions are ineligible, leaving only less significant records to seal.

This legislative reality has been the subject of ongoing advocacy by criminal justice reform organizations in New York, who argue that the state's sealing framework is too restrictive to provide meaningful relief to most people with criminal records. Proposals for expanded sealing or true expungement have been introduced in the New York Legislature in multiple sessions. Until any such expansion is enacted, the framework described in this article represents the current state of the law.

For anyone with a New York conviction who does not qualify under § 160.59, there are other steps that may reduce the practical burden of a criminal record: working with background check companies to ensure accurate reporting, understanding employer obligations under New York's Article 23-A (which governs how employers may use criminal records in hiring), and utilizing the Certificate of Relief from Disabilities or Certificate of Good Conduct processes, which do not seal records but do provide documentation of rehabilitation that can be presented to employers and licensing bodies.

For a full overview of New York's eligibility rules and the application process, visit the New York expungement guide.

Making the Decision to Apply

The decision to invest time and resources in a CPL § 160.59 application depends heavily on the specific circumstances of the petitioner's record and goals. For persons who meet the eligibility requirements and whose primary concern is private employment and housing background checks, sealing under § 160.59 provides meaningful practical relief. For persons whose primary concern is federal employment, law enforcement careers, or licensed profession licensure, the limitations of New York's sealing framework are more likely to affect the outcome of their goals even after sealing is granted.

Understanding the full picture — not just whether sealing is available, but what it will and will not accomplish in the specific context that matters — is the foundation of an informed decision about whether and when to pursue the process.