New York Motion To Seal Juvenile Records

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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Beginning in 2017, New York State allows certain DWI convictions to be sealed. However, 10 years must have passed since conviction before a record can be sealed. In addition, the person must have no pending charges or recent convictions and no more than two convictions on their record.

Felony Offenses Not Eligible For Sealing in New York Under N.Y. Crim. Proc. Law § 160.59 Sex Offenses. Homicide Offenses. Class A Felony Offenses (AF) Class B Violent Felony Offenses (BF) Class C Violent Felony Offenses (CF) Class D Violent Felony Offenses (DF) Class E Violent Felony Offenses (EF) Conspiracy Offenses.

Misdemeanor offenses are automatically sealed three years after the term of the sentence. Eligible felony convictions are sealed eight years after the duration of the sentence. Class A felonies and convictions requiring registration as a sex offender are ineligible for automatic sealing.

Class B Violent Felony Offenses (BF) PL §110/125.25 Attempted Murder 2° PL §110/135.25 Attempted Kidnapping 1° PL §110/150.20 Attempted Arson 1° PL §125.20 Manslaughter 1° PL §125.22 Aggravated Manslaughter 1° PL §130.35 Rape 1° PL §130.50 Criminal Sexual Act 1° PL §130.70 Aggravated Sexual Abuse 1°

You are applying to seal an ineligible offense, including a violent felony, Class A felony, homicide felony, sex offense, sexual performance by a child offense, or a felonious attempt or conspiracy to commit any of these ineligible offenses.

Sealed Records: After 10 Years (CPL 160.59) If you have no more than two misdemeanor convictions or one felony and one misdemeanor conviction, you may be eligible to have those convictions sealed. You must apply to the court to have your records sealed.

Unfortunately, if you are convicted of DUI, you cannot have it expunged from your record. This means it will remain on your permanent criminal record forever. However, if 10 years after your conviction you do not have any subsequent offenses, you may file a petition to have your records sealed.

New York Class A felonies and violent felonies cannot be sealed. Felonies and misdemeanors that require sex offender registration cannot be sealed.

S1553 Summary Provides for automatic sealing of certain convictions after a certain passage of time from either imposition of sentence, release from parole or probation, and if the defendant does not have a current charge pending; excludes certain offenses; permits access by certain persons.

Can a Felony Be Sealed? Certain felonies can be sealed, while others cannot. New York Class A felonies and violent felonies cannot be sealed. Felonies and misdemeanors that require sex offender registration cannot be sealed.

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New York Motion To Seal Juvenile Records