New York Criminal Defense Lawyer

Record Sealing

Record Sealing

Expungement vs. Record Sealing in NY

Having a criminal record can negatively affect an individuals' life in many ways. From their reputation to their employment options, a conviction can follow them around. Expungement and record sealing are ways to give people a fresh start and rid themselves of their recorded mistakes. Oftentimes people are unsure of the difference between having a record expunged and having it sealed.

Expungement involves completely destroying a criminal record. Sealing a criminal record does not destroy the record, it simply closes the document to the public. Expungement is a rare occurrence in the state of New York. Some states offer expungement for several different crimes and offenses, New York is not one of those states. Record sealing is much more common than expunging a record in NY.


If you have questions about the difference between these options and how to go about having your record sealed, contact The Law Offices of Michael Mullen.


Who Is Eligible for Record Sealing?

When it comes to juvenile crimes, youth offenders automatically have their record sealed when their cases settle. These records are still available to criminal justice agencies, but not to the public. When it comes to non-criminal offenses in NY, they can also be sealed. For example, an offense of disorderly conduct are automatically sealed without even having to file for record sealing.

Other cases that are eligible for record sealing in New York include:

  • A case that was settled by acquittal in favor of the defendant
  • A case that was outright dismissed
  • A case that was dismissed after delays in contemplation of dismissal
  • A case where the prosecution declined
  • A case that was nolle prosequi (a case that will not be prosecuted)

Cases that are not eligible for record sealing would be crimes such as DWI, violent crimes, sex crimes and some others. Most felony cases will not be sealed, some misdemeanor cases can be sealed or at least partially sealed. A partial sealing of a record means that the fingerprints and photos of the defendant are sealed, but the file remains on record.

For more information on record sealing in New York, you can look at New York Criminal Procedures ยง 160.50- 160.55. These laws show the different charges that can be sealed in NY. If you would like to discuss your specific charge and whether or not you can pursue record sealing, contact The Law Offices of Michael Mullen.

How to File for Record Sealing in New York

In order to pursue a record sealing you will need to file a motion with the court. The court must be the same court where the charges were filed and prosecuted, if prosecuted. After filling out the petition form, you may have to show proof that you completed any program or consequences involved in your case. If approved, the petition will be entered into record. After the court enters the order to seal the record, you will be informed along with the criminal justice services in New York. If the petition is challenged, you may have to go to court, provide more information and additional proof that your records should be sealed.

Need an Attorney for Record Sealing in Brooklyn, NY?

If you are interested in having your record sealed in New York, team up with a Brooklyn criminal lawyer from our firm. We have years of trial experience and are familiar with the procedures of record sealing. Contact our firm today for the skilled representation and legal guidance that you need.


We offer a free initial consultation so you can get started at no cost!


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  • “I hired Mr. Mullen to defend me against false assault charges. After hiring Mr. Mullen, he was able to get all the charges dismissed!” - Thomas
  • “I was facing over 10 years in state prison. The jury found me not guilty on all charges. I walked out of court a free man!” - Carlos