Expungement Petition - New York

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

New York requires the use of the official CPL 160.59 Sealing Application form
(Notice of Motion and Affidavit in Support) for record sealing petitions. This template
provides the substantive legal content to help you prepare — but you must transfer your
content to the official form before filing. The official form is available at
nycourts.gov.
Do not file this document directly with the court.

NOTE ON RELIEF: New York offers SEALING, not expungement. CPL § 160.59 seals
(does not destroy) eligible conviction records. Sealed records continue to exist and
remain accessible to law enforcement, prosecutors, courts, gun-licensing authorities,
and certain fingerprint-based screeners; DCJS retains fingerprints, palmprints, and
photographs (CPL § 160.59(8)). There is no general judicial "expungement" of convictions
in New York.

STATE OF NEW YORK — [COURT NAME], COUNTY OF [____________]

Index/Indictment/SCI No.: [____________]

NOTICE OF MOTION AND VERIFIED PETITION FOR ORDER OF SEALING PURSUANT TO N.Y. C.P.L. § 160.59

TABLE OF CONTENTS

1. Definitions
2. Jurisdiction & Venue
3. Procedural History
4. Eligibility Allegations
5. Compliance With Waiting Period
6. Absence of Disqualifying Factors
7. Sealed-Record Access Parameters
8. Relief Requested
9. Representations & Warranties
10. Covenants of Petitioner
11. General Provisions
12. Execution & Verification
13. Proposed Order (Exhibit A)
14. Certificate of Service (Exhibit B)

1. DEFINITIONS

For purposes of this Petition, the following terms have the meanings set forth below:

"CPL" means the New York Criminal Procedure Law.

"Conviction Court" means the specific court that entered the Judgment of Conviction identified in Paragraph 3.1.

"Eligible Offense" means any crime for which sealing is authorized under CPL § 160.59(1)(a) (i.e., any crime other than a sex offense under Penal Law art. 130, an offense under art. 263, a felony under art. 125, a violent felony under § 70.02, a class A felony, a felony conspiracy or attempt to commit an ineligible offense, or an offense requiring sex-offender registration under Correction Law art. 6-C).

"Petitioner" means [PETITIONER'S FULL LEGAL NAME], the individual seeking the relief requested herein.

"Sealing Order" means the final order, substantially in the form annexed hereto as Exhibit A, directing the sealing of the Records.

"Records" means all official records and papers relating to the arrests, prosecutions, and convictions for the Eligible Offense(s) described in Paragraph 3.2, as described in CPL § 160.59(8).

2. JURISDICTION & VENUE

2.1 Governing Law. This Petition is brought pursuant to CPL § 160.59 and all other applicable provisions of New York law.

2.2 Court of Application. Under CPL § 160.59(2)(a), the application is made to the court in which Petitioner was convicted of the most serious offense (or, if the offenses share the same classification, the court in which Petitioner was last convicted).

2.3 Venue. Venue is proper in [COUNTY] because the conviction at issue was entered in this county.

3. PROCEDURAL HISTORY

3.1 Judgment of Conviction. On [DATE OF CONVICTION], the Conviction Court entered a judgment against Petitioner under Docket/Indictment No. [____________] for one count of [OFFENSE TITLE] (N.Y. Penal Law § [________]), a [Class E Felony/Misdemeanor].

3.2 Prior Record Summary. Petitioner has been convicted of no more than two eligible offenses, not more than one of which is a felony (CPL § 160.59(2)(a)), consisting of:
a. The Eligible Offense referenced in Paragraph 3.1; and
b. [If applicable] One additional eligible conviction dated [DATE] for [OFFENSE].

3.3 Sentence Completion. Petitioner was sentenced to [SENTENCE DETAILS]. Petitioner was released from all custody and supervision on [DATE].

4. ELIGIBILITY ALLEGATIONS

4.1 Statutory Eligibility. Petitioner is statutorily eligible for relief under CPL § 160.59 because:
a. Petitioner has been convicted of no more than two eligible offenses, not more than one of which is a felony (CPL § 160.59(2)(a), (4));
b. None of the convictions is an offense excluded from the definition of "eligible offense" under CPL § 160.59(1)(a); and
c. No criminal charge is currently pending against Petitioner (CPL § 160.59(3)(e)).

4.2 Written Notice to DA. In accordance with CPL § 160.59(2)(c), Petitioner has served the District Attorney of the county of conviction with this Petition together with all supporting documents. The District Attorney shall notify the court within forty-five (45) days if it objects to the application.

5. COMPLIANCE WITH WAITING PERIOD

5.1 Ten-Year Requirement. More than ten (10) years have elapsed since the later of (i) the imposition of sentence on Petitioner's latest conviction or (ii) Petitioner's latest release from incarceration (CPL § 160.59(5)). Any period of post-conviction incarceration is excluded from, and extends, the ten-year calculation. Specifically:
• Sentence Date: [____________]
• Release Date (if any incarceration): [____________]
• Petition Filing Date: [____________]

6. ABSENCE OF DISQUALIFYING FACTORS

Petitioner affirms that:
6.1 None of Petitioner's convictions is an offense excluded from the definition of "eligible offense" under CPL § 160.59(1)(a) (e.g., sex offenses under Penal Law art. 130, offenses under art. 263, felony/homicide offenses under art. 125, violent felonies under § 70.02, class A felonies, or offenses requiring sex-offender registration);

6.2 Petitioner is not required to register as a sex offender under Correction Law art. 6-C (CPL § 160.59(3)(a));

6.3 No criminal charge is pending against Petitioner in any jurisdiction (CPL § 160.59(3)(e)); and

6.4 Petitioner has not been convicted of any crime after the entry of judgment on the last conviction for which sealing is sought (CPL § 160.59(3)(f)).

7. SEALED-RECORD ACCESS PARAMETERS

7.1 Statutory Limitation. Upon issuance of the Sealing Order, the Records shall be sealed and made available only to the persons and entities identified in CPL § 160.59(9), including:
a. Petitioner or Petitioner's designated agent (CPL § 160.59(9)(a));
b. Qualified agencies and federal and state law-enforcement agencies acting within the scope of their law-enforcement duties (CPL § 160.59(9)(b));
c. State or local firearm-licensing officers on Petitioner's license application (CPL § 160.59(9)(c));
d. A prospective employer of a police or peace officer, in relation to such employment (CPL § 160.59(9)(d)); and
e. The FBI's criminal-justice information services division, for NICS firearm queries (CPL § 160.59(9)(e)).

7.2 Retained Records. DCJS retains Petitioner's fingerprints, palmprints, and photographs notwithstanding sealing (CPL § 160.59(8)).

8. RELIEF REQUESTED

Petitioner respectfully requests that the Court:
8.1 Issue the Sealing Order, substantially in the form annexed as Exhibit A, sealing the Records;

8.2 Direct the Clerk of Court, the Division of Criminal Justice Services, and all other agencies in possession of the Records to seal them and withhold them from public disclosure as provided by CPL § 160.59(8)–(9);

8.3 Grant such other and further relief as the Court deems just and proper.

9. REPRESENTATIONS & WARRANTIES

Petitioner hereby represents, warrants, and affirms under penalty of perjury that:
9.1 All factual statements herein are true and correct to the best of Petitioner's knowledge;

9.2 All statutory prerequisites have been satisfied;

9.3 Petitioner has fully disclosed any and all criminal history; and

9.4 No party has made any promise or inducement to Petitioner in exchange for filing this Petition.

10. COVENANTS OF PETITIONER

10.1 Continuing Duty to Update. Petitioner shall promptly notify the Court and the District Attorney of any new criminal charge filed prior to determination of this Petition.

10.2 Compliance with Court Orders. Petitioner shall comply with any supplemental information request issued by the Court or District Attorney.

11. GENERAL PROVISIONS

11.1 Integration. This Petition, together with all exhibits, constitutes the entire submission.

11.2 Severability. If any provision of this Petition is declared invalid, the remaining provisions shall remain in full force and effect.

11.3 Counterparts & Electronic Signatures. This Petition may be executed in counterparts, including electronically, each of which shall be deemed an original.

12. EXECUTION & VERIFICATION

I, [PETITIONER'S NAME], being duly sworn, depose and say that I am the Petitioner in the within proceeding, that I have read the foregoing Petition and know the contents thereof, and that the same is true to my own knowledge except as to the matters stated to be alleged on information and belief, and as to those matters I believe them to be true.

Date: [__/__/____]
City: [____________]

[________________________________]
[Petitioner's Signature — Printed Name]

Sworn to before me this [__/__/____]

[________________________________]
Notary Public

13. EXHIBIT A – PROPOSED ORDER GRANTING SEALING

[Attach a separate, court-formatted order. Include directives to DCJS, OCA, the local arresting agency, and the District Attorney to seal the Records in compliance with CPL § 160.59(8) and to transmit confirmation to DCJS promptly. The order should not direct destruction of records; DCJS retains fingerprints, palmprints, and photographs.]

14. EXHIBIT B – CERTIFICATE OF SERVICE

I certify that on [__/__/____], I served a true and correct copy of the foregoing Petition and all supporting documents upon:
• [NAME], District Attorney, [COUNTY] County
• New York State Division of Criminal Justice Services, Records Management Unit
• [Any additional respondent]

Service was made by: [PERSONAL DELIVERY / CERTIFIED MAIL – RETURN RECEIPT REQUESTED / OVERNIGHT COURIER].

[________________________________]
[Server's Name & Signature]

Sources and References

• CPL § 160.59 (Sealing of certain convictions) — https://www.nysenate.gov/legislation/laws/CPL/160.59
• CPL § 160.57 (Clean Slate Act — automatic sealing) — https://www.nysenate.gov/legislation/laws/CPL/160.57
• NY Courts — CPL 160.59 Sealing Application (official form) — https://www.nycourts.gov/FORMS/cpl_160.59_sealing_application/index.shtml
• NY Courts — Sealed Records After 10 Years (CPL 160.59) — https://www.nycourts.gov/help/criminal/sealed-records-after-10-years-cpl-16059