Sealed Records: Drug-Related Cases (CPL 160.58)

Since 2009, if you were convicted of certain drug-related misdemeanor and felony convictions (see Rockefeller Drug Law Reform for a list of eligible crimes) you can ask the court to have your records for those crimes sealed if:

  • You have successfully completed a Judicial Diversion Program, DTAP (Drug Treatment Alternative to Treatment Program), or a similar substance abuse treatment program recognized by the court, and
  • You completed any other sentence following completion of treatment, and
  • You have no other pending charges against you

Read CPL 160.58.

Sealing Request

The sealing of these records is not automatic. You need to do paperwork – a motion, appear in court, and convince the Judge. The motion should explain how you have changed after treatment and how the conviction has affected your life. It is helpful to speak to an attorney. If granted your record will be conditionally sealed. The Judge can extend the sealing to up to 3 more drug-related misdemeanor convictions as long as the sentences are completed.

Conditional Sealing

The sealing of felonies and misdemeanors is conditional, meaning that if you are arrested again for a misdemeanor or felony, the cases will be unsealed. If you get a good result on the new charges, the old convictions will be resealed. Fingerprints and palmprint cards, booking photos, and DNA samples are NOT destroyed.

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