Legal Question in Criminal Law in New York

In 1983 (over 30 years ago) I was arrested for petit larency and possession of stolen merchandise and I recently got a copy of my rap sheet and it says that that the charges were reduced to Disorderly Conduct and sentenced to Conditional Discharge. My question is: Can I have my record sealed? I am applying for city jobs and they will do a fingerprinting and I do not want this record to come up. Can I get my case sealed? This was my one and only arrest. Thank you for any advise you can give me. From what i have researched I would have to file a motion to have my record sealed. Is this correct? Is is possible to have my record sealed>


Asked on 10/14/17, 7:11 pm

1 Answer from Attorneys
Glenn Kurtzrock Law Office of Glenn Kurtzrock

Up until last week the answer would have been no. However on October 7, 2017, a new law was enacted that permits the sealing of certain convictions in New York which are at least ten years old. The only potential wrinkle may be that the statute describes sealing convictions for crimes, and disorderly conduct is not a crime. However, it is likely that most judges would allow you to seal your record given that a disorderly conduct is less serious than a criminal offense and it's silly to allow sealing of misdemeanors and felonies, but not violations. The relevant statute is Criminal Procedure Law Section 160.59.

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Answered on 10/14/17, 8:36 pm


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