Sealing a Criminal Record in Nassau and Suffolk County, Long Island

An arrest in Nassau or Suffolk County can impact your life long after the court case ends. It can affect your job, housing, school, and immigration status. On Long Island, employers and landlords often run background checks. Even without a conviction, an arrest record may create barriers. Fortunately, sealing a criminal record on Long Island can help reduce these obstacles. New York law offers ways to seal or limit access to certain criminal records. Understanding these laws helps you move forward and minimize long-term harm. Below, our Long Island record sealing attorneys explain the sealing laws in New York, who qualifies, and how to start the process.

What’s the Difference Between Expungement and Record Sealing in NY? 

Some states allow full expungement, which erases records entirely. New York does not offer expungement. Instead, New York allows “sealing.” Sealing means records become hidden from most background checks.

Even though New York does not expunge records, many people still search for expungement attorney Nassau County when looking for legal help. Our firm regularly helps clients understand the difference and find the right solution.

Understanding New York’s Criminal Record Sealing Laws in New York

New York provides three main paths to seal records. Each depends on how your case ended:

  • CPL 160.50: Applies to cases dismissed, acquitted, or ended in your favor.

  • CPL 160.55: Applies to non-criminal violations like disorderly conduct.

  • CPL 160.59: Applies to eligible criminal convictions after meeting waiting periods and limits.

CPL 160.50 – Cases Ending Without a Conviction

If your case ended without a conviction, CPL 160.50 applies. This law seals your records, including fingerprints and photos. They will not appear on most background checks.

Examples of eligible case outcomes under CPL 160.50:

  • Acquittal: You were found not guilty at trial.

  • Adjournment in Contemplation of Dismissal (ACD): Charges dismissed after a period of good behavior.

  • Dismissal: The case was dismissed in the interest of justice or by a grand jury.

  • Declined Prosecution: The prosecutor dropped the case before trial.

  • Order Setting Aside the Verdict: A judge overturned your conviction.

What happens when records are sealed under CPL 160.50?

  • Fingerprints and photos are destroyed.

  • Background checks won’t show the case.

  • Employers and landlords cannot see the record.

CPL 160.55 – Non-Criminal Convictions (Violations and Traffic Infractions)

CPL 160.55 applies when you receive a non-criminal conviction, such as a violation or traffic ticket. These records may be sealed, though not erased.

Examples of eligible violations:

  • PL 140.05 – Trespass

  • PL 145.30 – Unlawfully Posting Advertisements

  • PL 215.58 – Failure to Respond to Appearance Ticket

  • PL 240.20 – Disorderly Conduct

  • PL 240.26 – Harassment in the Second Degree

    • Exception: If designated as a family offense, fingerprints are not destroyed.

  • PL 240.35 – Loitering

    • Excludes: PL 240.53(3) and PL 240.37(2) (e.g., deviant or prostitution-related loitering)

  • PL 240.40 – Public Influence by Drugs (not alcohol)

  • PL 245.01 – Exposure of a Person

  • PL 245.02 – Promoting Exposure of a Person

  • PL 245.05 – Offensive Exhibition

Examples of traffic violations that may be sealed:

  • VTL 509 – Driving Without a License

  • VTL 511(a) – Facilitating Unlicensed Operation (Third Degree)

Important Notes:

  • Fingerprints and arrest records are sealed.

  • Court records remain accessible in courthouses.

  • If you received a one-year conditional discharge, sealing happens only after that year ends.

How to Seal a Criminal Conviction in New York under CPL 160.59

In 2017, New York passed CPL 160.59, which allows sealing of certain criminal convictions. This law gives people a second chance – especially in Nassau and Suffolk counties. If approved, sealed convictions disappear from most background checks. Law enforcement and select agencies may still access them.

Eligibility Requirements Under CPL 160.59:

  • 10-Year Waiting Period: At least 10 years must pass since your last conviction or release from jail—whichever is later.

  • Conviction Limits: You may seal two convictions total—one can be a felony, the other a misdemeanor.

  • Incident Rule: If multiple convictions came from one incident, the court may treat them as one.

  • No Open Cases: You cannot have pending criminal charges.

  • Ineligible Convictions: Violent felonies, sex crimes, and Class A felonies are not eligible.

    • Eligible convictions: Many misdemeanor and felony convictions, such as theft, drug possession, and DWI, may qualify.

What does sealing a conviction do?

  • You don’t have to report the conviction on most job/housing applications

  • Restores access to educational and licensing opportunities

  • Only law enforcement or immigration officials can access the records

How Do I Clear My Criminal Record in New York?

If you’re asking how to clear my criminal record in New York, the answer depends on the nature of your case and whether it qualifies for sealing under CPL 160.50, 160.55, or 160.59. While expungement isn’t available, sealing can be just as effective in many situations. Our team helps clients throughout Long Island take control of their records and regain peace of mind.

Steps to Seal a Record Under CPL 160.59

  1. Consult a Lawyer
    Speak with an experienced Long Island record sealing lawyer. They will review your record and determine your eligibility.

  2. File a Motion
    Your attorney will prepare a detailed motion showing rehabilitation and why sealing is appropriate.

  3. Notify the District Attorney
    The motion must be served on the local DA’s office.

  4. Attend a Hearing (if required)
    The court may require a hearing. Your lawyer will present your case.

  5. Receive a Decision
    If granted, the court orders your record sealed. This can open doors for employment, housing, and more.

Common Questions About Criminal Record Sealing:

Can I seal my arrest record if I wasn’t convicted?
Yes. If your case ended without a conviction, CPL 160.50 allows you to seal the record.

Will sealed records show up on background checks?
It depends:

  • CPL 160.50: Will not appear

  • CPL 160.55: May be visible at the courthouse

  • CPL 160.59: Hidden from most checks but visible to law enforcement

Can I seal a felony conviction?
Yes. You may seal one felony conviction under CPL 160.59 if you meet all eligibility requirements.

How long does the process take?
Sealing can take 6–12 months depending on the court’s schedule and complexity of your case.

How do I prove a favorable outcome?
You’ll need a Certificate of Disposition. We can help you obtain this from the court.

Why Choose The R.M.L. Law Firm to Seal Your Record on Long Island?

At The R.M.L. Law Firm, PLLC, we help clients seal past records and protect their future. Attorney Ramy Mikhail Louis is a former Nassau County prosecutor with deep experience handling sealing motions in Long Island courts. Whether you’re searching for a record sealing lawyer on Long Island or an expungement attorney in Nassau or Suffolk County, we provide clear answers and effective representation.

Let us help you with sealing your criminal record on Long Island so you can move forward.

Contact us today for a free consultation. Don’t let your past define your future.