Is your criminal history preventing you from obtaining gainful employment or suitable housing?

If so, a motion to seal your criminal conviction may be filed. If your criminal conviction is sealed, your fingerprints and mug shots are removed from the system and do not appear on basic background checks. Are you eligible to file a motion requesting the Court seal your record? CPL 160.59 lists the eligibility requirements you must meet before a motion to seal your criminal conviction is filed.

First, you cannot have more than two criminal convictions on your record. If you have 3 or more criminal convictions, you cannot ask the Court to seal your record.  If you have two criminal convictions, and both are felonies you cannot ask the Court to seal your record.

Second, ten years must have passed since the day of sentencing on the criminal conviction and since date of sentencing you have not come into any contact with the criminal justice system. If you were sentenced to probation, your time on probation counts towards the required ten years. If you were incarcerated on your criminal conviction, the time starts on the day you are released from custody.

Lastly, you cannot have any open matters pending. If you have been convicted of any sex offense, homicide, violent felonies or Class A felonies, you are not eligible to file a motion to seal your record.