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

Many people searching for record sealing in New York want to know whether their conviction can be hidden from public view. However, CPL §160.59 does not allow every criminal conviction to be sealed. Crimes involving sex offenses, violent felonies, Class A felonies, and certain other serious offenses are not eligible for sealing under New York law.

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.

Frequently Asked Questions About Crimes That Cannot Be Sealed in New York

Can a violent felony be sealed in New York?

No. Violent felony convictions are generally not eligible for sealing under CPL §160.59. New York law specifically excludes many violent felony offenses from record sealing eligibility, meaning these convictions typically remain on a person’s criminal record.

Can a Class A felony be sealed in New York?

No. Class A felony convictions cannot be sealed under CPL §160.59. These offenses are considered among the most serious crimes under New York law and are excluded from the sealing process.

Can a sex offense be sealed in New York?

Generally, no. Most sex offenses are not eligible for sealing under CPL §160.59. New York law excludes many sex-related offenses from record sealing, including offenses that require registration as a sex offender.

What crimes cannot be sealed under CPL §160.59 in New York?

CPL §160.59 excludes several categories of convictions from sealing eligibility. These generally include sex offenses, Class A felonies, most violent felony offenses, and other serious crimes specifically listed under the statute.

Can a felony conviction be sealed in New York?

Sometimes. Not every felony conviction is eligible for sealing. A person may qualify if the conviction is not an excluded offense, the statutory requirements are met, and the person satisfies the waiting period and other requirements under CPL §160.59.

Can a misdemeanor conviction be sealed in New York?

Yes, many misdemeanor convictions may qualify for sealing under CPL §160.59. However, certain misdemeanors are excluded, including some sex offenses and other offenses specifically prohibited by law.

How many convictions can be sealed under CPL §160.59?

New York law generally allows a person to seal up to two eligible convictions. However, only one of those convictions may be a felony conviction. Certain convictions cannot be counted toward eligibility because they are excluded by statute.

How long do I have to wait before sealing a criminal conviction in New York?

Generally, a person must wait at least 10 years after completing their sentence before applying to seal eligible convictions under CPL §160.59. The waiting period begins after completion of the sentence, including any period of probation, parole, or incarceration.

Does sealing a criminal record erase my conviction in New York?

No. Sealing does not erase or destroy a conviction. Instead, it limits public access to the record and prevents the conviction from appearing in many standard background checks. Certain government agencies and law enforcement entities may still access sealed records.

Can a DWI conviction be sealed in New York?

Generally, no. Driving While Intoxicated (DWI) convictions are not eligible for sealing under CPL §160.59 because Vehicle and Traffic Law offenses are treated differently from eligible criminal convictions under the statute.

Can a criminal record be sealed if I have multiple convictions?

Possibly. Having multiple convictions does not automatically prevent sealing, but the convictions must qualify under CPL §160.59. New York law generally limits sealing to two eligible convictions, with no more than one eligible felony conviction.

What happens if my conviction is not eligible for sealing?

If a conviction is excluded from sealing under CPL §160.59, it cannot be sealed through the record sealing process. However, depending on the circumstances, other options may exist, such as a Certificate of Relief from Disabilities, Certificate of Good Conduct, or other forms of legal relief.

How do I know if my New York conviction can be sealed?

Eligibility depends on the specific offense, the date the sentence was completed, your criminal history, and whether you meet the requirements of CPL §160.59. A criminal defense attorney can review your record and determine whether your conviction qualifies for sealing.

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.

Contact us today to discuss your case.