New York Criminal History Disclosure

In New York, criminal history records typically begin with convictions that resulted in at least a fine. The New York Penal Law categorizes penalties as follows: death penalty (abolished), imprisonment (jail or prison), probation, conditional discharge, fines, and restitution. Once a court imposes a sentence that includes a fine or more severe punishment, that record becomes part of your official history.

Violations such as parking tickets or civil penalties do not count as criminal records and are not recorded in the Division of Criminal Justice Services (DCJS) database. However, dismissals, acquittals, or adjournments in contemplation of dismissal (ACD) also remain in law enforcement archives and may be used for internal purposes, but are not publicly disclosable.

New York separates actual convictions (criminal history) from investigative or arrest records. While both can appear in police databases, only criminal convictions are considered formal criminal history. Arrests without convictions are supposed to be sealed under CPL §160.50, but mistakes in reporting still happen.

New York law does not allow automatic expungement for most convictions. However, under CPL §160.59, individuals convicted of up to two offenses (no more than one felony) may petition to have their records sealed after 10 years from the date of conviction or release from incarceration—whichever is later.

Here's a simplified breakdown of sealing eligibility:

• Violations and infractions: sealed automatically under CPL §160.55
• Non-criminal dismissals: sealed under CPL §160.50
• Eligible convictions: must apply under CPL §160.59
• Sex crimes and serious violent felonies: not sealable

Access to criminal records is restricted. Only certain entities, like law enforcement agencies, courts, government employers, or organizations authorized under federal or state law (e.g., fingerprint-based background checks) can access unsealed criminal records. Employers not covered under these categories may not request or obtain sealed or expunged records.

Unauthorized use, leakage, or misuse of sealed records is punishable by fines or criminal penalties under New York Executive Law §845-b.

While a criminal history is a personal matter, its consequences often ripple through your family. If a family member becomes aware of a conviction, particularly in sensitive cases like domestic violence or sexual misconduct, it may impact child custody cases, divorce proceedings, or even familial relationships. Moreover, concealing a serious conviction during marriage may be grounds for annulment under New York Domestic Relations Law §140.

Although New York’s Human Rights Law prohibits most employers from discriminating based on a criminal conviction (especially if sealed), exceptions exist. Government positions, schools, daycare centers, security companies, and financial institutions may conduct full background checks. A criminal history—especially one involving dishonesty, violence, or sex offenses—can disqualify you from these roles.

Many employers also informally disqualify candidates who cannot travel abroad due to record-related restrictions. Thus, even without direct questioning about your criminal past, your inability to satisfy background-related employment conditions can act as an indirect barrier.

The U.S. State Department and Department of Homeland Security may deny or delay passport issuance for individuals with certain active convictions. International travel may also be limited. For instance, Canada bars entry to individuals with a DUI conviction unless they obtain a temporary resident permit or undergo criminal rehabilitation. In some cases, sex offender registration (as mandated under New York Correction Law §168) imposes mandatory notification and restrictions on international movement.

If you've been accused of a crime, securing a non-prosecution outcome—such as a declination by the District Attorney or a dismissal—ensures your record is sealed under CPL §160.50. This is especially vital in the investigative stage, where an experienced criminal defense attorney may persuade authorities not to pursue charges at all.

For minor offenses, New York offers the ACD mechanism (CPL §170.55). If the case remains trouble-free for a set period (usually six months), the case is dismissed and sealed without a conviction.

For individuals with drug-related convictions, New York offers conditional sealing under CPL §160.58. If you successfully complete a court-mandated treatment program, your record may be sealed upon petition. However, this is limited to specific drug-related misdemeanors or felonies and requires judicial discretion.