For the estimated 70 million people across the United States with a criminal record, reintegration into society is often met with significant challenges. In New York alone, thousands of individuals are eligible to seal their records but remain unaware of this possibility or are uncertain of how to proceed. Sealing a criminal conviction doesn’t erase the record but limits access, allowing individuals to legally answer “no” when asked about their criminal history in most circumstances. This can lead to numerous social and economic benefits.
 

Facts and Figures About Sealing in New York
 

1. Eligibility Pool: New York has over 2 million individuals with criminal records, yet relatively few take advantage of record sealing. According to state statistics, only a small percentage of eligible individuals have successfully sealed their records.

2. Success Rates: Of those who apply, New York courts approve the majority of applications for sealing if they meet the basic eligibility criteria and present adequate proof of rehabilitation. This shows the courts' willingness to grant second chances to those committed to change.

3. Economic Impact: A report from the Brennan Center for Justice estimates that sealing a criminal record can increase a person’s annual income by over 20%, as it opens the door to better employment opportunities. For New York, this could translate into billions of dollars in added workforce value if more eligible individuals took advantage of record sealing.
    

Eligibility Criteria for Sealing Criminal Convictions in New York
 

New York law has specific guidelines to determine who can apply for record sealing:
 

1. Time Requirement: At least 10 years must have passed since the date of conviction or the release from incarceration, whichever is later. This waiting period is designed to ensure that the applicant has had ample time to demonstrate rehabilitation.

2. Number of Convictions: The law allows a person to seal up to two criminal convictions, including one felony and one misdemeanor, or two misdemeanors. However, certain serious convictions are not eligible for sealing.

3. Eligible Convictions: The law excludes violent felonies, sexual offenses, and certain other serious crimes. However, non-violent offenses, drug-related offenses, and some felonies are typically eligible for sealing.

4. No New Convictions: The applicant must have no new criminal convictions during the 10-year waiting period. This includes misdemeanors and minor offenses, as any new conviction disqualifies an individual from record sealing.

5. Proof of Rehabilitation: Applicants must submit evidence of their rehabilitation and positive contributions to society. This can include proof of employment, completion of education, or involvement in community service.
    

The Sealing Process in New York
 

The sealing process in New York involves several steps and usually requires the assistance of an attorney, given the complex legal requirements.
 

1. File a Motion to Seal: The process begins by filing a motion in the court where the conviction occurred. This motion includes information about the conviction, any rehabilitation evidence, and reasons why sealing would be beneficial.

2. Supporting Documentation: Applicants are encouraged to submit documentation that demonstrates their rehabilitation and positive community contributions. Letters of recommendation, employment history, and proof of educational achievements can strengthen the application.

3. Review by Prosecutor’s Office: Once filed, the prosecutor’s office has the opportunity to review the request. They may support, oppose, or remain neutral on the motion to seal. If they oppose, they may request a hearing.

4. Court Hearing (if Necessary): If the motion is contested, the judge may schedule a hearing to review the case and decide based on the applicant’s history, character references, and any arguments presented by the prosecutor.

5. Decision: Ultimately, the judge makes the final decision on whether to grant the seal. If the application is successful, the criminal record is sealed and restricted from public access.