No. The determination on whether to seal your criminal record is a discretionary decision made by a Judge. To apply for your record to be sealed, an application must be submitted to a Judge with notice to the agency that prosecuted your case. In New York State, that notice is most often made to the District Attorney’s Office in the County where your case was prosecuted. The District Attorney’s Office will have the right to consent, object, or defer to the Court with respect to the sealing application. If the district attorney opposes the application, the sentencing judge or county or supreme court must conduct a hearing in order to consider any evidence offered by either party that would aid the sentencing judge in his or her decision whether to seal your records.
