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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