CONVICTION TYPE

Great News.  You are probably within the appropriate time limits to file the motion.  Now we have to make sure that the criminal conviction you want to seal is not one of the excluded types of convictions.

The most serious felonies (called A felonies) will not generally be subject to sealing under Section 160.59.

Most sex offenses, including any offense that requires sex offender registration, will not be eligible for sealing under Section 160.59.

As a general rule, violent felony convictions are excluded.  The term "violent felony conviction" is a very carefully defined concept in New York law, so don't assume anything based on the name of the crime.  For example, the felony "robbery in the third degree" sounds like it should be considered a violent felony offense, but it IS NOT.  On the other hand, "burglary in the second degree" (burglary of a dwelling where no violence is required) IS CONSIDERED VIOLENT.

If you are uncertain about whether the felony conviction you are hoping to get sealed is violent or non-violent, click on the link that follows for what should be a comprehensive list of those felony convictions that are considered violent under New York law.  Then you can return to this page and answer continue to answer the question below.  List of violent felonies in New York.

QUESTION 3

After reading the above, do you believe that the conviction you are hoping to seal might still qualify as a type of conviction that is eligible for sealing?

YES

NO