Sealing Criminal Records in Buffalo Area Courts under CPL 160.50 and 160.55 
Buffalo City Court follow the laws set forth in the New York 
Criminal Procedure law in regards  to the sealing of records.  
Despite the confusion and abundant 
misinformation on the topic, it is a critical area of New York Criminal 
Law. After all the worst consequence to a 
criminal charge is usually  not jail, a fine or community service, but the criminal record
 that will usually  result. 
The following information reflects my 
understanding of what happens to charges when they are disposed of in 
New York State either by conviction , verdict or pea or by
 dismissal, (acquittal or dismissal, ACD)   
WHAT IS THE DIFFERENCE BETWEEN SEALING AND EXPUNGEMENT IN NEW YORK?
"Expungement" means that the record is 
actually taken out of the system.   "Sealing" means that the record 
exists, but that it is hidden from public view.   When a record is 
sealed at the Court level it means that the Court's file is stored at the 
Particular Courthouse where the sealing was ordered, and that there is 
also an electronic record there of the case, but neither the actual file
 nor the computer record is available to the general public. 
Under New York CPL 160.50, there is a combination of sealing and expungement  
with regards to a defendant's criminal criminal record. The fingerprints, photographs and 
arrest records are supposed to be destroyed (expunged) at the police 
level, but the Court Records are neither destroyed nor returned, 
Instead, under CPL 160.50 they are sealed at the Court level and are 
also sealed in Albany, New York.  But even Albany maintains a  special 
electronic file of the arrest which is not disclosed except under very special circumstances. 
What Records can be sealed in New York?
In New York State, a record of a 
criminal conviction, of  any misdemeanor or felony except a 
youthful offender adjudication, is never sealed and is 
considered a 
public record available to anyone through the OCA website for a $55 fee.
 Even  if the person had the charge reduced from a felony 
to a misdemeanor or only received probation.  There are no exceptions to
 this general  rule.
In New York, the only records that get sealed are complete dismissals including: 
ACD's 
 other forms of dismissal and Acquittals, these get the full seal 
treatment of CPL 160.50.  Also, charges that are reduced 
from a misdemeanor or felony to a violation or infraction get the 
partial seal treatment of CPL 160.55. 
 
 The Law Office of J. John Sebastian 
 
 
 
          
      
 
  
 
 
 
 
 
 
 
 
 
 
Thank you so much for helping by your caring and sharing all of the information you have provided pertaining to people like me who are already faced with barriers caused by their record. I will be passing this information and your site to anyone who feels like there’s no hope at all that could improve there situation and future.
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