If your conviction doesn’t qualify for automatic sealing under the Clean Slate Act, you may still be able to seal it by petitioning the court under CPL 160.59 — New York’s older sealing statute. The petition process requires more steps than Clean Slate, but it remains a powerful tool for people with convictions that are excluded from automatic sealing or where the waiting period hasn’t elapsed. This guide explains who qualifies, how to file, and how to present a strong petition.
Two Paths to Sealing in New York
New York now has two sealing pathways:
- Clean Slate Act (CPL 160.57): Automatic sealing after 3 years (misdemeanors) or 8 years (felonies) — no action required. See our Clean Slate guide for full details.
- Petition sealing (CPL 160.59): You file a petition asking the court to seal your record. Requires a waiting period, limits on number of convictions, and excludes certain offense types. This guide covers the petition process.
Who Can Petition for Sealing Under CPL 160.59?
You are eligible to petition if:
- At least 10 years have passed since your most recent conviction OR since your most recent release from incarceration (whichever is later)
- You have been convicted of no more than two crimes total (not counting certain low-level offenses)
- No more than one conviction is a felony
- You have no pending criminal charges
What Cannot Be Sealed Under CPL 160.59
- Sex offenses requiring SORA registration
- Class A felonies
- Violent felony offenses as defined in Penal Law Section 70.02
- Homicide offenses
- Conspiracy to commit any of the above
How to File a CPL 160.59 Petition
Step 1: Obtain Your Criminal Record
Get a certified copy of your criminal history from the NYS Division of Criminal Justice Services (DCJS) at criminaljustice.ny.gov. This shows every conviction you have in New York State and is essential for confirming your eligibility and completing the petition.
Step 2: Prepare the Petition
The petition must be filed in the court that convicted you — or, if there are multiple convictions, in any court that convicted you. The petition must include:
- Your name, date of birth, and contact information
- The offense(s) you are seeking to seal (charge, statute, date, county, docket/indictment number)
- A sworn statement that you meet the eligibility criteria
- A personal statement explaining why sealing is warranted — this is your opportunity to tell your story, describe how you have changed, what you have accomplished, and how the conviction continues to affect your life
- Supporting documentation: employment records, letters of support from employers or community members, evidence of education or vocational training, proof of community involvement
Step 3: Serve the District Attorney
You must serve a copy of your petition on the District Attorney’s office in the county where the conviction occurred. The DA has 45 days to respond. The DA may consent to sealing, object, or take no position.
Step 4: The Court Hearing
The court will review your petition and the DA’s response. The judge has discretion to grant or deny sealing based on factors including: the nature of the offense, your criminal history, time elapsed, evidence of rehabilitation, and the impact of the conviction on your life. Judges are encouraged to weigh these factors in favor of sealing when appropriate.
If the DA objects, the court will likely hold a hearing where you can present evidence and argument. If the DA consents or takes no position, many courts grant petitions on the papers without a live hearing.
Writing a Compelling Personal Statement
The personal statement is often the most important part of a petition. Effective statements typically:
- Acknowledge the offense and take responsibility without minimizing harm
- Describe specific ways your life has changed since the conviction — employment, education, family, community involvement
- Explain concretely how the conviction continues to limit your life — rejected jobs, housing denials, licensing barriers
- Express what you will do with the opportunity that sealing provides
Judges see hundreds of these petitions. Specific, honest, forward-looking statements are far more persuasive than generic language about rehabilitation.
After Your Record Is Sealed
The same rules as Clean Slate apply: sealed convictions do not appear on most background checks, you can legally answer “no” to questions about these convictions on most job and housing applications, and law enforcement retains access for certain purposes. Request an updated copy of your DCJS criminal history record after sealing to confirm the record has been updated.
Free Legal Help With Your Petition
- Legal Aid Society: (212) 577-3300 — sealing petitions and reentry legal services
- The Bronx Defenders: (718) 838-7878
- Brooklyn Defender Services: (718) 254-0700
- Queens Defenders: (718) 286-2000
- The Door — Legal Services: (212) 941-9090 — serves young adults (up to age 24)
- Reentry Net NYC: reentry.net/nyc — directory of reentry services including legal help
Frequently Asked Questions
What is the difference between Clean Slate and a CPL 160.59 petition?
Clean Slate is fully automatic after a waiting period. CPL 160.59 requires you to file a petition, serve the DA, and appear before a judge. Clean Slate covers more people (any number of eligible convictions, shorter wait times), while CPL 160.59 has a 10-year wait but may reach some convictions Clean Slate excludes, and allows the judge to consider individual circumstances.
Can I petition to seal a felony under CPL 160.59?
Yes — with limits. You can petition to seal one felony conviction (and one additional misdemeanor) if it is not a violent felony, Class A felony, sex offense, or homicide. The 10-year waiting period applies from sentencing or release, whichever is later.
What happens if the DA objects to my petition?
The court will schedule a hearing. You can present evidence, witnesses, and argument. The judge makes an independent determination — a DA objection does not automatically mean denial. A strong personal statement and supporting documentation significantly improve your chances even over DA opposition. Having an attorney at the hearing is strongly recommended.
I have both a qualifying and a non-qualifying conviction. Can I seal the qualifying one?
It depends on the specific combination and which pathway you’re using. Under CPL 160.59, having a non-sealable conviction in your record doesn’t automatically bar petitioning to seal a sealable one, but the court will consider your full record when exercising discretion. Consult a legal aid attorney for an evaluation of your specific combination of convictions.
