A criminal record can affect nearly every part of your life — from job opportunities and housing applications to professional licenses and even relationships. Fortunately, in New York State, many people have the option to seal a criminal record. While New York does not have a traditional “expungement” law like some states, record sealing can provide similar relief by limiting who can see your past convictions.
At Texido Law in Buffalo, NY, we help clients throughout Western New York understand whether they qualify for record sealing, and guide them through the process from start to finish.
What Does “Sealing” a Criminal Record Mean in New York?
Unlike expungement, which permanently erases a record, record sealing in New York means that your criminal history is hidden from most employers, landlords, and the general public. Law enforcement, prosecutors, and certain licensing agencies may still access the information, but for most purposes, it will no longer appear in background checks.
This can give you a fresh start — especially if your conviction was years ago and you’ve moved forward with your life.
Who Is Eligible to Seal a Criminal Record in New York?
Under New York law, not all convictions can be sealed. Some key points include:
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Eligible Offenses:
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Up to two convictions total (only one felony, with some exceptions)
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Certain non-violent felonies and most misdemeanors
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Ineligible Offenses:
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Violent felonies
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Sex offenses
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Serious crimes like Class A felonies
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Waiting Period:
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At least 10 years must have passed since your conviction or release from prison (whichever is later)
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Clean Record:
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You must not have any new convictions during the waiting period
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Texido Law can review your case and determine if you qualify for sealing under the law.
The Process of Sealing Criminal Records in New York
Here’s how the sealing process generally works:
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Prepare a Motion to Seal
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This legal document must be filed in the court where you were convicted.
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It should include supporting evidence, affidavits, and reasons why sealing should be granted (rehabilitation, employment, education, community involvement).
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Serve Notice to the District Attorney
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The prosecutor’s office has the right to oppose your motion. They may submit objections or request a hearing.
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Court Review & Hearing
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In some cases, a hearing may be scheduled. You or your attorney can present arguments about why your record should be sealed.
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Judge’s Decision
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The court ultimately decides whether to grant sealing. If approved, the record is sealed and removed from most background checks.
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How Long Does It Take to Seal a Criminal Record in New York?
The time frame varies, but generally:
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Preparation of Motion: A few weeks to a couple of months, depending on complexity
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Prosecutor Response: 30–60 days after filing
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Court Decision: Could be made quickly, or take several months if a hearing is required
On average, the process may take 3 to 9 months from start to finish.
How Much Does It Cost to Seal a Record?
There are no court filing fees for a sealing application in New York, but the real costs come from:
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Attorney’s Fees: Legal representation is highly recommended, as the process is technical and prosecutors may oppose the motion.
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Supporting Documentation: Gathering affidavits, employment records, or treatment program evidence may have some associated costs.
At Texido Law, we offer clear, upfront guidance about the costs so there are no surprises.
Why Work With a Criminal Defense Lawyer in Buffalo?
Trying to seal a record on your own can be overwhelming. Having an experienced attorney increases your chances of success by:
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Ensuring your motion is prepared correctly
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Anticipating and responding to objections from the prosecutor
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Presenting the strongest evidence of rehabilitation
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Advocating for you in court if a hearing is required
At Texido Law in Buffalo, we have helped many Western New Yorkers successfully seal their records and move forward with a clean slate.
