Searching for a Nassau County expungement lawyer? In New York, what many people call “expungement” is legally known as record sealing.
New York does not allow expungement of adult criminal convictions. However, you may qualify for criminal record sealing under CPL §160.59. If you have remained crime-free for at least ten years, you may be eligible to seal up to two convictions. Sealed records are hidden from most employers, landlords, and background check companies.
At The R.M.L. Law Firm, PLLC, our experienced Long Island criminal defense lawyers help clients throughout Nassau County and Long Island determine eligibility, prepare sealing motions, and present strong applications to the court.
Quick Answer: Can You Expunge a Criminal Record in New York?
No. New York does not allow expungement of adult criminal convictions.
Instead, eligible people may apply for record sealing under CPL §160.59, which hides certain convictions from the public.
Can I Get My Record Expunged in New York?
Many people searching for a Nassau County expungement lawyer want to know whether they can erase a criminal conviction.
In most cases, the answer is no.
New York does not permit expungement of adult criminal convictions. Instead, the law provides a limited remedy called record sealing under CPL §160.59.
If you qualify, the court may seal up to two eligible convictions after you have remained crime-free for at least ten years.
Once sealed, your record is no longer visible to most employers, landlords, or private background check companies. However, the record is not destroyed and may still be accessible to certain government agencies.
An experienced Nassau County record sealing lawyer can review your record, determine eligibility, and file a motion asking the court to seal your convictions.
What Is the Difference Between Expungement and Record Sealing?
Although often used interchangeably, expungement and record sealing are very different.
Expungement
- Permanently erases or destroys a criminal record
- Not available for adult convictions in New York
Record Sealing (CPL §160.59)
- Hides eligible convictions from public view
- Record still exists but is inaccessible to most employers and landlords
- Certain government agencies may still access sealed records
For most people searching “expungement in New York,” record sealing is the only available legal remedy.
What Does Sealing a Criminal Record Mean in Long Island?
Sealing a criminal record means your conviction is removed from public access.
This generally means:
- Employers will not see the conviction on background checks
- Landlords will not see the conviction in tenant screening
- Most private databases will not display the record
However:
- Law enforcement may still access sealed records
- Immigration authorities may still access sealed records
- Certain government agencies may retain access under law
For Nassau County and Suffolk County residents, record sealing can significantly reduce the long-term impact of a conviction and improve access to jobs and housing.
New York’s Sealing Law: How Can Long Islanders Apply?
New York’s criminal record sealing law, under CPL §160.59, enacted in 2017, allows eligible individuals to apply to seal up to two criminal convictions. However, not all convictions qualify. Understanding the rules is an important first step.
Eligibility Requirements for Record Sealing Under CPL §160.59
To qualify for criminal record sealing in New York, you must meet all requirements under CPL §160.59. Meeting these requirements does not guarantee approval, but it is the first step in the process.
1. Ten-Year Crime-Free Period
You must have no new criminal convictions for at least 10 years.
The 10-year period starts from the latest of the following:
- Your most recent conviction, or
- Your release from incarceration
Any new conviction during this period will restart the eligibility timeline.
2. Limit on Number of Convictions
You may only request to seal a limited number of convictions:
- Up to two misdemeanor convictions, or
- One felony conviction and one misdemeanor conviction
If multiple convictions come from the same incident, the court may treat them as a single conviction when calculating eligibility.
3. No Pending Criminal Cases
You cannot have any open criminal charges or pending cases at the time you file your motion.
If you do, the court will deny your application until the case is fully resolved.
4. Final Court Discretion
Even if you meet all eligibility requirements, sealing is not automatic.
The judge has full discretion to decide whether sealing your record is in the interests of justice.
Nassau County Court System: Hempstead vs. Mineola
Nassau County has two main criminal courts, depending on the level of the case:
- Nassau County District Court (Hempstead) handles misdemeanor cases
- Nassau County Court (Mineola) handles felony cases
Both courts are part of the same Nassau County judicial system and follow the same sealing law under CPL §160.59.
Judges in either court may review your motion on the papers or schedule a hearing if needed. The Nassau County District Attorney’s Office is also notified and may respond to your application.
Because Nassau County courts handle a high volume of criminal matters, properly preparing and filing your motion is essential. A well-organized submission can reduce delays and improve your chances of approval.
How to Seal a Criminal Record in New York (Step-by-Step)
If you qualify under CPL §160.59, you must file a formal motion with the court. The process follows specific steps:
Step 1: Get Your Court Records
You must obtain your Certificate of Disposition for each conviction you want to seal. This document shows the exact charge and outcome of your case.
Step 2: Confirm Eligibility
You must confirm that your conviction qualifies under New York law. You must also meet the 10-year waiting period and limit on the number of convictions.
Step 3: Prepare a Motion to Seal
Your motion asks the court to seal your record. It includes legal arguments and supporting facts about your rehabilitation and eligibility.
Step 4: File the Motion in the Correct Court
You must file your motion in the court that handled your most serious or most recent conviction. Filing in the wrong court can delay your case.
Step 5: Notify the District Attorney
You must serve the District Attorney’s Office in the county where your conviction occurred. In Nassau County, this is the Nassau County District Attorney.
Step 6: Court Review or Hearing
The judge will review your motion. In some cases, the court may schedule a hearing where your attorney can present your request in person.
Step 7: Court Decision
If the judge grants your motion, your record will be sealed from public view under CPL §160.59.
Criminal Convictions That Cannot Be Sealed in New York
Not every criminal conviction can be sealed under New York law. Even if you meet the general eligibility requirements under CPL §160.59, certain offenses are permanently excluded.
These restrictions apply regardless of how much time has passed or how strong your rehabilitation may be.
If your conviction falls into one of these categories, the court will deny a motion to seal.
Overview of Ineligible Convictions
Under CPL §160.59, the following categories of offenses generally cannot be sealed:
- Sex offenses
- Homicide-related offenses
- Class A felonies
- Certain violent felony offenses
These are considered too serious under New York law to be removed from public access.
Sex Offenses That Cannot Be Sealed
Most sex-related convictions are not eligible for sealing, including:
- 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 offense requiring sex offender registration is also ineligible for sealing.
Homicide and Death-Related Offenses
Convictions involving the death of another person cannot be sealed, including:
- Murder (all degrees)
- Manslaughter (all degrees)
- Aggravated manslaughter
- Criminally negligent homicide
- Vehicular manslaughter
Class A Felonies
All Class A felony convictions are excluded from sealing eligibility under CPL §160.59. These are the most serious offenses under New York law, including major drug trafficking and other high-level felonies.
Violent Felony Offenses
Many violent felony convictions are also ineligible for sealing, including:
- Robbery (first and second degree)
- Burglary (first and second degree)
- Assault (first and second degree)
- Kidnapping
- Arson involving serious risk of harm
- Certain firearm and weapon offenses
- Gang assault offenses
Attempted Crimes and Related Charges
Attempted violent felonies may also be ineligible for sealing.
These charges are often listed as “PL §110” on a Certificate of Disposition (for example, attempted robbery or attempted burglary).
If the underlying offense is not eligible, the attempted version is typically not eligible either.
How to Determine If Your Conviction Qualifies
The most important document for determining eligibility is your Certificate of Disposition.
It shows:
- The exact charge
- The degree of the offense
- How the conviction is classified under New York law
Even small differences in the charge can determine whether a conviction is eligible for sealing.
Why These Crimes Cannot Be Sealed
New York limits record sealing to balance second chances with public safety.
In general, the law excludes offenses involving:
- Serious violence or risk of harm
- Sexual offenses involving vulnerable victims
- The most serious felony-level conduct
The purpose of CPL §160.59 is to help individuals with limited or non-violent criminal histories move forward, not to erase the most serious offenses from public record.
What If My Conviction Is Not Eligible?
Even if your conviction cannot be sealed, you may still have options depending on your situation, including:
- Sealing other eligible convictions
- Addressing background check concerns strategically
- Demonstrating rehabilitation to employers or licensing agencies
Speak With a Nassau County Record Sealing Lawyer
Eligibility under CPL §160.59 depends heavily on the exact charge and your full criminal history.
At The R.M.L. Law Firm, PLLC, we review criminal records throughout Nassau County, Suffolk County, and Long Island to determine whether sealing is possible and prepare strong motions when eligibility exists. Contact us today for a free consultation.
How Courts Decide Whether to Seal a Criminal Record
Even if you qualify under CPL §160.59, the judge still decides whether to grant your application.
Courts in Nassau County look at the full picture before making a decision. They do not grant sealing automatically.
Judges often consider:
- How much time has passed since your conviction
- Whether you have stayed out of trouble
- Your work history and education
- Evidence of rehabilitation and personal growth
- Your role in your family and community
- Whether the conviction still affects your ability to work or move forward
You should be prepared to show the court that you have changed since the time of the offense.
Strong applications usually include documents like employment records, school records, military service, and character letters. These materials help show that sealing your record is fair and in the interest of justice.
Common Reasons Judges Deny a Motion to Seal
Even if you qualify, a judge can still deny your request. Courts in Nassau County carefully review each case.
Common reasons for denial include:
- You do not meet the 10-year crime-free requirement
- You have more convictions than the law allows
- Your conviction is for a violent felony, sex offense, or ineligible crime
- You have a pending criminal case
- Your motion is incomplete or missing required documents
- The court finds that sealing does not serve the interests of justice
- There is not enough proof of rehabilitation or positive change
A strong motion should clearly show your rehabilitation, steady employment, and efforts to move forward since your conviction.
Why You Should Speak With a Nassau County Record Sealing Lawyer
Sealing your record can change your life in several ways:
- Improved Job Prospects: Many employers in Nassau County and Suffolk County conduct background checks. Sealing your record removes the conviction from their view, helping you compete for better positions.
- Better Housing Options: Landlords often reject applicants with criminal records. Sealing your conviction can help you secure housing in competitive markets.
- Career Advancement: Some professions, such as healthcare, education, and finance, require background checks. A sealed record can open doors in these fields.
- Renewed Confidence: Knowing your record is no longer public can help you focus on the future without lingering worries about the past.
What to Expect When You Hire a Nassau County Expungement Lawyer to Seal Your Record
The process of sealing a criminal conviction in New York involves several legal steps. Each step must be completed correctly to avoid delays or a denial. An experienced expungement lawyer ensures your motion is properly prepared, filed in the right court, and supported with strong evidence.
Step 1: Prepare and File a Motion to Seal
The process begins with a formal motion to the court asking for your record to be sealed under CPL §160.59.
This motion explains:
- Your conviction history
- Your eligibility under the law
- Your rehabilitation and progress since the offense
- Why sealing your record serves the interests of justice
A well-prepared motion is critical. Judges rely heavily on the written submission when deciding whether to grant relief.
Step 2: File the Motion in the Correct Court
New York requires record sealing motions to be filed in the correct court. Filing in the wrong court can delay or complicate your case.
The filing rules depend on your convictions:
- If you are sealing two convictions, the motion must be filed in the court where the more serious conviction occurred.
- If both convictions are the same level (for example, two Class A misdemeanors or two Class B misdemeanors), the motion must be filed in the court where the most recent conviction occurred.
Many Long Island clients have cases across Nassau County District Court, Nassau County Court, or even New York City courts. Identifying the correct filing court is a key part of the process.
Step 3: Notify the District Attorney’s Office
After filing, you must serve notice on the District Attorney’s Office in the county where the conviction happened.
- Nassau County convictions → Nassau County District Attorney
- Suffolk County convictions → Suffolk County District Attorney
The District Attorney may review the motion, file a response, or oppose the request. In some cases, they may take no position.
Step 4: Court Review and Possible Hearing
Once the motion is submitted, a judge will review the papers.
In many cases, the court decides based only on the written submission. However, the judge may schedule a hearing if additional information is needed.
At a hearing, your attorney can present arguments, answer questions, and highlight your rehabilitation.
Step 5: Final Decision by the Court
The judge has full discretion to grant or deny the motion.
In making a decision, the court will consider:
- Your rehabilitation and conduct since the conviction
- The seriousness of the original offense
- Your employment, education, and community involvement
- Whether sealing serves the interests of justice
If granted, the court will issue an order sealing your record. The conviction will no longer be visible to the public in most background checks.
What You Submit With a Motion to Seal
When you file a motion under CPL §160.59, you typically submit:
- A Notice of Motion asking the court to seal your record
- An Affirmation or Attorney Affidavit explaining your eligibility
- A copy of your Certificate of Disposition for each case
- Character letters showing rehabilitation and community support
In some cases, additional documents may be submitted, such as proof of employment or education, but every case is different.
An experienced Nassau County expungement lawyer prepares these documents carefully to ensure the motion is complete before it is filed with the court.
How a Nassau County Expungement Lawyer Can Help Seal Your Long Island Conviction Record
The procedures for record sealing can differ by county. Courts in Nassau County and Suffolk County each have their own rules and expectations.
At The R.M.L. Law Firm, PLLC, our expungement attorney knows the ins and outs of these Long Island courts. We work closely with clients to prepare strong applications that reflect their rehabilitation and readiness to move forward.
How Judges Decide Whether to Seal a Criminal Conviction in New York
Meeting the eligibility requirements does not automatically mean a conviction will be sealed. Judges in Nassau County and throughout New York must decide whether sealing a record serves the interests of justice.
When reviewing a motion to seal a criminal conviction, courts often consider several important factors.
Evidence of Rehabilitation
Judges want to see that you have taken meaningful steps to move forward since your conviction. This may include maintaining steady employment, completing educational programs, or staying actively involved in your community.
The Seriousness of the Original Offense
The court will review the nature of the conviction and the circumstances surrounding the offense. Less serious crimes may be more likely to be sealed than offenses involving significant harm.
Employment and Personal Progress
Proof that you have maintained stable employment or improved your life circumstances can strengthen a sealing application. Pay stubs, letters from employers, or proof of professional training can demonstrate positive progress.
Community Involvement and Character
Letters of support from family members, employers, clergy, or community leaders can help show the court that you have become a productive and responsible member of society.
Impact on Victims
If a victim was involved in the original case, the court may consider their position and whether sealing the conviction would negatively affect them.
Because judges weigh many different factors, preparing a strong motion supported by documentation and personal statements can significantly improve the chances of success.
Frequently Asked Questions About Expungement and Record Sealing in New York
Can I get my record expunged in New York?
In most cases, no. New York does not allow the expungement of adult criminal convictions. Instead, the state offers criminal record sealing under Criminal Procedure Law §160.59 (CPL §160.59). If you qualify, the court may seal up to two eligible convictions after you have remained crime-free for at least ten years. Although sealing does not erase the conviction, it prevents most employers, landlords, and members of the public from seeing it during a background check.
Can I seal a felony in New York?
Yes, some felony convictions qualify for sealing. Under CPL §160.59, you may be eligible to seal one felony conviction and one misdemeanor conviction, or up to two misdemeanor convictions. However, Class A felonies, many violent felonies, sex offenses, and certain other crimes cannot be sealed. An experienced Nassau County expungement lawyer can review your criminal record and determine whether your conviction qualifies.
Can I seal more than one conviction?
Yes, if you meet the requirements of CPL §160.59. In most cases, you may seal up to two convictions, provided no more than one of them is a felony. If several convictions resulted from the same criminal incident, the court may count them as a single conviction. Every case is different, so it is important to review your criminal history before filing a motion.
Can dismissed charges be expunged?
New York does not allow the expungement of adult criminal convictions. However, many criminal cases that end in a dismissal are automatically sealed under other provisions of New York law. If you are unsure whether your dismissed case has already been sealed, a lawyer can review your court records and explain your options.
Can employers see a sealed criminal record?
In most cases, no. Once the court seals a conviction under CPL §160.59, it will not appear on most employment background checks. However, certain employers and government agencies, including law enforcement agencies and employers that require fingerprint-based background checks, may still have access to sealed records as permitted by law.
Can immigration see sealed records?
Yes. Sealing a conviction under New York law does not prevent federal immigration authorities from accessing your criminal record. If you are not a United States citizen, you should speak with an attorney before filing a motion to seal because your criminal history may still affect your immigration status.
Can police see sealed convictions?
Yes. Sealing a conviction does not erase the record. Law enforcement agencies, prosecutors, judges, and certain government agencies may still access sealed records when authorized by law. Record sealing mainly prevents the general public, employers, landlords, and most private background check companies from viewing your conviction.
How much does record sealing cost?
New York does not charge a filing fee to submit a motion under CPL §160.59. However, you may need to pay for copies of court records, Certificates of Disposition, or other documents needed to support your application. If you hire an attorney, legal fees will vary depending on the complexity of your case.
How long does the record sealing process take?
The timeline varies depending on the court and whether the judge schedules a hearing. In many cases, the process takes several months from the time the motion is filed until the court issues a decision. Your attorney can provide a better estimate based on the court handling your case.
Do I need a lawyer to seal my record?
No. You have the right to file a motion to seal your criminal record on your own. However, judges have broad discretion when deciding whether to grant a sealing application. An experienced Nassau County expungement lawyer can determine whether you qualify, prepare a persuasive motion, gather supporting evidence, and represent you if the court schedules a hearing.
Will a sealed conviction show up on a background check?
In most situations, no. Once a conviction has been sealed, it is removed from public view and generally will not appear on background checks conducted by employers, landlords, or private screening companies. However, certain government agencies and entities authorized by law may still access sealed records in limited circumstances.
Start Your Journey Toward Sealing Your Long Island Criminal Record
As a former Nassau County prosecutor, Ramy Mikhail Louis understands how prosecutors evaluate criminal records and how judges review motions under CPL §160.59. That experience helps our firm prepare persuasive sealing applications supported by evidence of rehabilitation.
Contact us for a free consultation to learn how we can assist you in sealing your criminal record. Let us help you take control of your future and move forward with confidence.
