STATE OF NEW YORK
[COURT NAME] – [COUNTY]
_______
IN THE MATTER OF THE APPLICATION OF
[PETITIONER’S FULL LEGAL NAME],
Petitioner,
For an Order Sealing and Expunging Certain Criminal Records
Pursuant to N.Y. Crim. Proc. Law § 160.59
– against –
[NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES],
[NEW YORK STATE OFFICE OF COURT ADMINISTRATION], and
[NAME OF DISTRICT ATTORNEY],
Respondents.
Index/Indictment/SCI No.: [______]
NOTICE OF PETITION AND VERIFIED PETITION
FOR ORDER OF SEALING/EXPUNGEMENT
PURSUANT TO N.Y. C.P.L. § 160.59
Effective Date: [____]
[// GUIDANCE: File in the criminal court of conviction (or, if the court no longer exists, in its successor court). Serve the District Attorney (“DA”) for the county of conviction and any additional custodians of the record (e.g., NYS DCJS).]
TABLE OF CONTENTS
- Definitions
- Jurisdiction & Venue
- Procedural History
- Eligibility Allegations
- Compliance With Waiting Period
- Absence of Disqualifying Factors
- Sealed-Record Access Parameters
- Relief Requested
- Representations & Warranties
- Covenants of Petitioner
- Default & Revocation
- General Provisions
- Execution & Verification
- Proposed Order (Exhibit A)
- 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 offense for which sealing is authorized under CPL § 160.59(2)(a).
“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 and, where applicable, expungement of the Records.
“Records” means all records enumerated in CPL § 160.59(8) relating to the Eligible Offense(s) described in Paragraph 3.2.
[// GUIDANCE: Add additional defined terms as needed. Keep the list alphabetized.]
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 Jurisdiction. The Conviction Court has original subject-matter jurisdiction over this Petition under CPL § 160.59(1).
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 no more than two criminal convictions on record, consisting of:
a. The Eligible Offense referenced in Paragraph 3.1; and
b. [If applicable] One misdemeanor conviction dated [DATE] for [MISDEMEANOR 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 no more than one felony and one misdemeanor conviction in total;
b. None of the convictions is a disqualifying offense enumerated in CPL § 160.59(3)(b); and
c. [If applicable] No pending criminal charges exist against Petitioner.
4.2 Written Notice to DA. In accordance with CPL § 160.59(5), Petitioner has served the District Attorney with this Petition together with all supporting documents.
5. COMPLIANCE WITH WAITING PERIOD
5.1 Ten-Year Requirement. More than ten (10) years have elapsed since the later of (i) the date of Petitioner’s sentence for the Eligible Offense or (ii) Petitioner’s release from incarceration related to the Eligible Offense. Specifically:
• Sentence Date: [__]
• Release Date (if any incarceration): [_]
• Petition Filing Date: [___]
[// GUIDANCE: If probation or parole was involved, calculate from the date supervision ended.]
6. ABSENCE OF DISQUALIFYING FACTORS
Petitioner affirms that:
6.1 No convictions listed in CPL § 160.59(3)(b) (e.g., sex offenses, violent felonies, Class A felonies) are on Petitioner’s record;
6.2 No pending criminal charges exist in any jurisdiction;
6.3 Petitioner is not subject to an active order of protection; and
6.4 Granting the requested relief would further justice consistent with CPL § 160.59(7).
7. SEALED-RECORD ACCESS PARAMETERS
7.1 Statutory Limitation. Upon issuance of the Sealing Order, access to the Records shall be limited to the entities identified in CPL § 160.59(8) including:
a. Law enforcement agencies acting within the scope of their duties;
b. State or federal firearm licensing authorities;
c. Prospective employers or licensing bodies as permitted under CPL § 160.59(8)(c).
7.2 Non-Disclosure. Except as provided in Paragraph 7.1, Respondents shall deny the existence of the Records in response to any inquiry.
8. RELIEF REQUESTED
Petitioner respectfully requests that the Court:
8.1 Issue the Sealing Order, substantially in the form annexed as Exhibit A, sealing and expunging the Records;
8.2 Direct Respondents and any other criminal-justice repositories to redact, seal, or destroy the Records as permitted by CPL § 160.59(8);
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.
[// GUIDANCE: These sworn statements support the Court’s discretionary finding under CPL § 160.59(7).]
10. COVENANTS OF PETITIONER
10.1 Continuing Duty to Update. Petitioner shall promptly notify the Court and the DA 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 DA.
11. DEFAULT & REVOCATION
11.1 Basis for Revocation. Should any statement herein later be proven materially false, the Court may vacate the Sealing Order pursuant to its inherent authority and CPL § 160.59(10).
11.2 Notice & Opportunity to Be Heard. Prior to revocation, Petitioner shall receive written notice and an opportunity to be heard.
12. GENERAL PROVISIONS
12.1 Integration. This Petition, together with all exhibits, constitutes the entire submission.
12.2 Severability. If any provision of this Petition is declared invalid, the remaining provisions shall remain in full force and effect.
12.3 Counterparts & Electronic Signatures. This Petition may be executed in counterparts, including electronically, each of which shall be deemed an original.
13. 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]
[Petitioner’s Printed Name]
Sworn to before me this
_ day of _, 20__.
Notary Public
14. EXHIBIT A – PROPOSED ORDER GRANTING SEALING/EXPUNGEMENT
[Attach separate, court-formatted order. Include directives to DCJS, OCA, local arresting agency, and the DA to seal/destroy the Records in compliance with CPL § 160.59(8) and to transmit confirmation within 60 days.]
15. EXHIBIT B – CERTIFICATE OF SERVICE
I certify that on [DATE], 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]
[// GUIDANCE:
1. Attach documentary proof of sentence completion (e.g., Certificate of Disposition, proof of release).
2. If Petitioner seeks relief for two convictions (one felony + one misdemeanor), list each separately.
3. Calendar a return date at least 45 days out, giving the DA time to object per CPL § 160.59(5).
4. Retain file-stamped copies; confirmation letters from DCJS may take several weeks.
]