Most non-violent felonies and misdemeanors are eligible.  Sex crimes, violent felonies and serious felonies are not eligible for sealing.

The following is a general list of crimes that may NOT be sealed under this law:

  • Any sex offense within Penal Law §130 (Sex Offenses)
  • Any offense within Penal Law §263 (Child Sex Offenses)
  • Any felony within Penal Law §125 (Homicide Offenses)
  • Any violent felony
  • Any class A felony within the Penal Law
  • Any felony within Penal Law §105 (underlying not eligible) (Conspiracy Offenses)
  • Any “attempted” felony if the felony that was attempted is itself not eligible
  • Any offense that requires you to register as a sex offender

To determine if your prior conviction qualifies for sealing, contact a lawyer who handles sealing applications.