Under New York's 2009 Drug Law Reform Act (DLRA), for the first time in New York some non-violent felony convictions, and up to three drug-related misdemeanor convictions, can be "conditionally" sealed by a sentencing judge pursuant to Criminal Procedure Law Section 160.58.
In order to be eligible for conditional sealing, a person must have completed a "court-sanctioned" substance abuse treatment program. After completing the program, the person makes a motion to the court for conditional sealing. The court may choose to hold a hearing and consider:
- the circumstances and seriousness of the offense;
- the character of the person seeking to have his or her record sealed;
- the person's criminal history; and
- the impact of the conditional sealing on the person's rehabilitation and reentry into society, and on public safety.
If a conviction is conditionally sealed it will not appear on New York State rap sheets, and employers are not allowed to ask about it in interviews and on employment applications.
More information about judicial diversion and conditional sealing can be found in the Center for Community Alternatives' Quick Guide to the 2009 Drug Law Reforms and the Legal Action Center's pamphlet on Changes in the Rockefeller Drug Laws.
Sample Order for Conditional Sealing (Center for Community Alternatives)
Coditional Sealing Motion (Affadavit and Memo of Law) - Drug Treatment Court, DTAP, Judicial Diversion (Center for Community Alternatives)
Conditional Sealing Resources from Center for Community Alternatives