§ 160.57 Automatic sealing of convictions.\n 1. Convictions for certain traffic infractions or a crime defined in\nthe laws of this state shall be sealed in accordance with this section\nas follows:\n (a) Convictions for subdivision one of section eleven hundred\nninety-two of the vehicle and traffic law shall be sealed after three\nyears.\n (b) Criminal convictions shall be sealed upon satisfaction of the\nfollowing conditions:\n (i) for a misdemeanor conviction, at least three years have passed\nfrom the defendant's release from incarceration or the imposition of\nsentence if there was no sentence of incarceration. If the defendant is\nsubsequently convicted of a crime before a prior conviction is sealed\npursuant to this section, the calculation of time for such prior\nconviction shall start upon the same date as the time calculation starts\nfor the subsequent criminal conviction;\n (ii) for a felony conviction, at least eight years have passed from\nthe date the defendant was last released from incarceration for the\nsentence of the conviction eligible for sealing or from the imposition\nof sentence if there was no sentence of incarceration. A defendant's\ndetention for an alleged violation of parole or post-release supervision\nshall not interfere with the time calculation prescribed herein unless\nand until supervision is revoked resulting in the defendant's\nreincarceration. If the defendant is subsequently convicted of a crime\nbefore a prior conviction is sealed pursuant to this section, the\ncalculation of time for such prior conviction shall start upon the same\ndate as the time calculation starts for the subsequent criminal\nconviction;\n (iii) the defendant does not have a subsequent criminal charge pending\nin this state;\n (iv) the defendant is not currently under the supervision of any\nprobation or parole department for the conviction eligible for sealing;\n (v) the conviction is not for an offense defined as a sex offense or\nsexually violent offense under section one hundred sixty-eight-a of the\ncorrection law;\n (vi) the conviction is not for a class A felony offense defined in the\npenal law, other than class A felony offenses defined in article two\nhundred twenty of the penal law;\n (vii) the defendant is a natural person;\n (viii) the defendant does not have a subsequent felony charge pending\nin another jurisdiction that is not a felony charge related to\nreproductive or gender affirming care or the possession of cannabis\nwhich would not constitute a felony in New York. This subparagraph shall\napply if and when appropriate federal authorities grant access to\nrecords necessary to query to effectuate the purposes of this\nsubparagraph in an automated manner; and\n (ix) the defendant does not have a subsequent felony conviction in\nanother jurisdiction in the preceding eight years that is not a felony\nconviction related to reproductive or gender affirming care or the\npossession of cannabis which would not constitute a felony in New York.\nThis subparagraph shall apply if and when appropriate federal\nauthorities grant access to records necessary to query to effectuate the\npurposes of this subparagraph in an automated manner.\n (c) If, after the applicable period of time for the sealing of a\nconviction has been satisfied, the conviction remains ineligible for\nsealing pursuant to subparagraphs (iii), (iv), (viii) or (ix) of\nparagraph (b) of this subdivision, the office of court administration\nshall subsequently check for eligibility no less than quarterly and upon\nsubsequent checks, or the receipt of a form in accordance with paragraph\n(dd) of subdivision two of section two hundred twelve of the judiciary\nlaw, the conviction shall be sealed if all other conditions for sealing\nunder this section are satisfied.\n (d) In accordance with all other applicable laws, rules, and\nregulations regarding the scope, access, use, disclosure,\nconfidentiality and retention of criminal history
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