What Crimes Cannot Be Sealed Under CPL 160.59 in New York

What Is CPL 160.59 and How Does Record Sealing Work in New York

Many people ask what crimes cannot be sealed under CPL §160.59 in New York when trying to clear their criminal record. The answer depends on the type of conviction, how it is classified, and your overall criminal history.

If you’re looking to clear your record, you may have come across criminal record sealing under CPL §160.59. While New York does not allow true expungement of adult convictions, this law gives many people a second chance by allowing certain convictions to be sealed after a ten-year waiting period.

However, not every conviction qualifies.

Understanding which crimes cannot be sealed is a critical first step before filing a motion. Many people in Nassau County, Suffolk County, and throughout Long Island are surprised to learn that some offenses are permanently ineligible—no matter how much time has passed.

Many people searching for expungement in New York are actually eligible for record sealing under CPL §160.59, which is the closest option available under state law.

If you are considering sealing your record, speaking with a Nassau County expungement lawyer can help you determine whether you qualify and avoid costly mistakes when filing your application.

Overview of Crimes That Cannot Be Sealed in New York

Under CPL §160.59, New York excludes certain serious offenses from eligibility. In general, the following categories of convictions cannot be sealed:

Sex offenses
Violent felony offenses
Class A felonies
Homicide-related offenses

If your conviction falls into one of these categories, the court will deny a sealing application.

Categories of Criminal Convictions That Are Not Eligible for Sealing

While the law includes a long list of specific Penal Law sections, most ineligible offenses fall into categories people are familiar with.

Examples of crimes that typically cannot be sealed include:

Murder and manslaughter
Rape and other serious sex offenses
Robbery in the first degree
Burglary in the first degree
Assault in the first degree
Kidnapping
Arson involving serious risk of harm
Major firearm offenses

These types of crimes are considered too serious under New York law to be hidden from public record.

Full List of Disqualifying Offenses Under CPL Section 160.59

Below is a more detailed breakdown of offenses that are not eligible for sealing under CPL §160.59. This list is based on New York law and includes many of the most commonly encountered disqualifying charges.

Sex Offenses That Cannot Be Sealed

Convictions for most sex-related crimes are not eligible for sealing. This includes offenses such as:

Rape (all degrees)
Criminal sexual act
Sexual abuse (all degrees)
Course of sexual conduct against a child
Possession or promotion of a sexual performance by a child
Predatory sexual assault

Any conviction that requires registration as a sex offender is not eligible for sealing.

Homicide and Death-Related Offenses

Crimes involving the death of another person cannot be sealed, including:

Criminally negligent homicide
Manslaughter
Aggravated manslaughter
Murder (all degrees)
Vehicular manslaughter

Class A Felonies and Why They Are Excluded

All Class A felony convictions are excluded from sealing eligibility. These are the most serious offenses under New York law and include crimes such as major drug trafficking and certain homicide offenses.

Violent Felony Offenses That Do Not Qualify

Many violent felony offenses are also excluded. These may include:

Robbery in the first or second degree
Burglary in the first or second degree
Assault in the first or second degree
Kidnapping
Gang assault
Certain weapon possession and firearm offenses

Attempted Violent Felonies and Sealing Eligibility

Even an attempt to commit certain violent felonies can make a conviction ineligible for sealing.

These charges often appear on a Certificate of Disposition with “PL §110” before the Penal Law section (for example, Attempted Robbery in the Second Degree).

Conspiracy Charges and Sealing Restrictions

Conspiracy charges may also be ineligible if the underlying offense is one that cannot be sealed. For example, conspiracy to commit a violent felony or serious sex offense may also disqualify a person from sealing eligibility.

How to Check If Your Conviction Is Eligible for Sealing

If you’re unsure whether your conviction qualifies under CPL §160.59, the first step is reviewing your official court records. The most important document for this process is your Certificate of Disposition.

A Certificate of Disposition is issued by the court where your case was handled and provides key details about your conviction, including the exact charge and how it was classified under New York law.

Review the Exact Charge on Your Certificate of Disposition

Eligibility for record sealing depends on the specific statute listed on your Certificate of Disposition. Even small differences in the charge can determine whether a conviction qualifies.

For example, two offenses that sound similar may be treated very differently under the law depending on how they are classified.

Understand the Charge Classification

New York criminal charges are categorized by severity. Your Certificate of Disposition will indicate whether your conviction was:

A misdemeanor (such as a Class A or Class B misdemeanor), or
A felony (such as Class E, D, C, B, or A felony)

This classification is critical because CPL §160.59 limits how many convictions can be sealed and excludes certain types of felonies altogether.

Know the Difference Between Felonies and Misdemeanors

In general:

Misdemeanors are lower-level offenses and are more likely to be eligible for sealing
Felonies are more serious, and only certain non-violent felonies may qualify

For example, a person may be able to seal:

Two misdemeanor convictions, or
One misdemeanor and one non-violent felony

However, if the felony is classified as a violent felony offense, it will likely be ineligible.

Confirm There Are No Disqualifying Factors

In addition to the type of charge, you must also confirm:

You have no pending criminal cases
You have not been convicted of more than two eligible offenses
At least ten years have passed since your last conviction or release

Because eligibility under CPL §160.59 depends on multiple factors, reviewing your record carefully—or having a lawyer review it—can help avoid filing a motion that may be denied.

Why Some Crimes Are Not Eligible Under CPL Section 160.59

Not all criminal convictions can be sealed under New York law. When CPL §160.59 was enacted, lawmakers created limits on eligibility to balance second chances with public safety.

As a result, certain types of offenses are permanently excluded from record sealing.

Protecting Public Safety

Crimes involving violence or a significant risk of harm are generally not eligible for sealing. These include offenses such as serious assault, robbery, and other violent felonies.

The goal is to ensure that records involving dangerous conduct remain accessible where necessary.

Offenses Involving Vulnerable Victims

Convictions involving vulnerable individuals—such as children or victims of sexual offenses—are also excluded. New York law treats these cases differently due to the serious and lasting impact on victims.

The Most Serious Felony Offenses

Class A felonies and other high-level offenses are considered too serious to be sealed. These crimes often carry significant penalties and reflect conduct that the law does not permit to be hidden from public view.

Legislative Intent Behind CPL Section 160.59

The purpose of CPL §160.59 is to give individuals with limited, non-violent criminal histories an opportunity to move forward after demonstrating rehabilitation.

It is not intended to erase all criminal records. Instead, it provides relief for people who have made meaningful efforts to rebuild their lives while maintaining transparency for more serious offenses.

What to Do If Your Record Cannot Be Sealed

If your conviction cannot be sealed, it does not necessarily mean you have no options.

Depending on your situation, you may still be able to:

Move forward with employment despite a record
Address background check concerns strategically
Seal other eligible convictions if you have more than one
Demonstrate rehabilitation to employers or licensing agencies

Every case is different, and eligibility often depends on the exact charge listed on your Certificate of Disposition.

Speak With a Nassau County Record Sealing Lawyer

If you’re unsure whether your conviction qualifies under CPL §160.59, it’s important to have your record reviewed carefully.

At The R.M.L. Law Firm, PLLC, we help clients throughout Nassau County, Suffolk County, and Long Island determine eligibility and prepare strong sealing applications where possible.

Even if you’re not sure whether you qualify, a consultation can help you understand your options and take the next step toward moving forward.

What Crimes Cannot Be Sealed Under CPL §160.59 in New York