A criminal record can be a bar to certain types of employment, licensing, holding public office, and even the right to vote. Most states allow for a process called expungement that will remove certain arrests or criminal convictions from the offender’s record.

Depending upon the laws of the state in which you live and the nature of the crime, you may be able to get an arrest or conviction sealed or erased from your legal record. After the expungement process is complete, you will not need to disclose the conviction on a job or school application, and in most instances no record of the arrest or conviction will show up during a public records inspection or background check commonly done by potential employers, landlords, and educational institutions.

An expunged arrest or conviction may not be completely erased, however, and ordinarily will remain an accessible part of a person's criminal record, accessible to certain government agencies, including law enforcement and the criminal courts. This limited accessibility is also known as a criminal record being "under seal." In some legal proceedings, an expunged conviction that is under seal may still be considered as proof of a prior conviction.

In New York, state law does not allow for the expungement of adult arrest records, which includes criminal matters in which the individual arrested was 16 years of age or older. However, if an arrest resulted in a dismissal of the charge or an acquittal, the related record may be sealed. New York Criminal Procedure Law 160.50 allows for the sealing of criminal records, and the destruction of fingerprints, palm prints, photographs, proofs and copies thereof, when the outcome of a criminal case is "favorable to the defendant" and after the passage of a specific period of time as defined by law.

A sealed record in New York can be released only for limited purposes, such as if an individual applies for a gun permit or for employment as a law enforcement officer.  A sealed record may also be released to parole or probation personnel if an individual is under supervision.

New Yorkers who have questions regarding sealed records should contact the court of adjudication or the New York Division of Criminal Justice Services (DCJS).