You can apply to seal up to 2 convictions total if you:

• Have a maximum of 2 convictions in your lifetime.
• Have a maximum of 1 felony conviction in your lifetime that is not a violent felony, Class A felony or a sex offense.
• Your convictions are more than 10 years old (start counting from when you were sentenced or when you were released from
  incarceration on your most recent case)
• Have no open cases

You can apply to seal up to four convictions, including one felony if you can show that they were related to a history of drug use and you completed a court-approved drug treatment program. felony if you can show that they were related to a history of drug use and you completed a courtapproved drug treatment program.

CPL 440.46-a is a new law that allows you to apply to vacate your conviction or reduce your sentence if you were convicted of:

PL 221.25  PL 221.30  PL 221.45  PL 221.50  PL 221.55 IF under 100 lbs.

You may have other options to apply to vacate your conviction under CPL 440. These options are usually used if you have immigration concerns, but consult with a lawyer to see if you have other options.

Human Trafficking is a crime which involves forced or coerced labor. If you were convicted of a crime as a result of being a victim of Human Trafficking, you may be eligible to vacate your conviction(s) under CPL 440.10(1)(i). All convictions are eligible.

If you were eligible for Youthful Offender adjudication but did not receive it at the time of your conviction AND you have had no new convictions for at least 5 years you may be eligible to apply to have your conviction changed to a Youthful Offender Adjudication.

These offenses have been automatically expunged. There is nothing you need to do to make this happen:

PL 221.05  PL 221.10  PL 221.15  PL 221.20  PL 221.35  PL 221.40  PL 240.36  PL 240.37  PL 222.10  PL 222.15  PL 222.25  PL 222.45 PL 220.03 or PL 220.06* IF the sole controlled substance was concentrated cannabis

Record destruction may be requested in writing but could be dangerous. Speak with an attorney before making the request.

If you are not a US citizen, speak with an immigration attorney about your record. The federal immigration courts may still be able to see your record even after it’s cleared and you may have to do more things to protect yourself from immigration consequences.

For more information click here, email CaseClosed@legal-aid.org, or call 212-298-3120.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.