What does it mean to have a conviction sealed?
The information about that conviction (arrest, prosecution, conviction) will not be made available to any person or public or private agency. That means that searches done for purposes such as employment, housing, educational, immigration, and other general investigation will not receive any information that a sealed conviction exists. Only specific organizations acting within the scope of their law enforcement duties can have access to sealed convictions.
What are the qualifications to have conviction(s) sealed?
Successful completion of one of the following:
- A judicial diversion program
- Drug Court
- A judicially sanctioned drug treatment program of similar length, duration, and level of supervision as those listed above. Since there is no stated length, duration, or level of supervision of the judicial diversion programs, any of the following should satisfy the requirements:
- Willard
- Comprehensive Alcohol and Substance Abuse Treatment Program know as CASAT
- Judicially ordered shock program
- Any completed drug treatment program required by the Court as part of a criminal case
What criminal conviction(s) can be sealed?
In the Court where the application is made, any one of the follow convictions can be sealed:
• All Penal Law Article 220 Controlled Substance Offenses
• All Penal Law Article 221 Marijuana Offenses
• Willard Offenses
*See below for exact crimes.
How many criminal conviction(s) can be sealed?
One Willard based offense or Penal Law Article 220 -221 Offense and up to 3 additional Penal Law Article 220 or 221 Offenses.
What can the Court consider in the request for sealing records?
The court can conduct a hearing to consider and review any relevant evidence offered by either party that would aid the court’s decision. Factors which the court shall consider include, but not limited to: 1) circumstances and seriousness of the offense(s); 2) the character of the defendant including completion of treatment program; 3) defendant’s criminal history; 4) the impact of sealing the defendant’s records upon his rehabilitation and successful and productive reentry and reintegration into society and public safety.
*LIST OF CRIMES WHEREIN CRIMINAL CONVICTIONS CAN NOW BE SEALED*
Article 220 - CONTROLLED SUBSTANCES OFFENSES
- Criminal possession of a controlled substance 1st degree through 7th degree
- Criminal sale of a controlled substance 1st degree through 5th degree
- Criminally possessing a hypodermic instrument
- Criminal injection of a narcotic drug
- Criminal sale of a controlled substance to a child
- Criminally using drug paraphernalia in the 1st & 2nd degree
- Criminal possession of precursors of controlled substances
- Criminal sale of a prescription for a controlled substance
- Criminal possession of methamphetamine manufacturing material 1st & 2nd degree
- Criminal possession of precursors of methamphetamine
- Unlawful manufacture of methamphetamine in the 1st, 2nd, & 3rd degree
- Disposal of methamphetamine laboratory material
- Operating as a major trafficker
Article 221 - OFFENSES INVOLVING MARIJUANA
- Unlawful possession of marijuana
- Criminal possession of marihuana in the 1st through 5th degree
- Criminal sale of marihuana in the 1st through 5th degree
WILLARD OFFENSES
- Burglary 3rd degree
- Criminal mischief 2nd or 3rd degree
- Grand larceny 4th (sub. 1-6, 8-10 section 155.30
- Grand larceny 3rd degree (except where the property consists of one or more firearms, rifles or shotguns)
- Unauthorized use of a vehicle 2nd degree
- Criminal possession of stolen property 4th degree (sub. 1-3, 5-6)
- Criminal possession of stolen property 3rd degree (except where the property consists of one or more firearms, rifles or shotguns)
- Forgery in the 2nd degree
- Criminal possession of a forged instrument in the 2nd degree
- Unlawfully using slugs in the 1st degree
- Or an attempt to commit any of the above offenses if such attempt constitutes a felony offense; or a class B felony offense defined in article two hundred twenty
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