§ 160.59 Sealing of certain convictions.\n 1. Definitions: As used in this section, the following terms shall\nhave the following meanings:\n (a) "Eligible offense" shall mean any crime defined in the laws of\nthis state other than a sex offense defined in article one hundred\nthirty of the penal law, an offense defined in article two hundred\nsixty-three of the penal law, a felony offense defined in article one\nhundred twenty-five of the penal law, a violent felony offense defined\nin section 70.02 of the penal law, a class A felony offense defined in\nthe penal law, a felony offense defined in article one hundred five of\nthe penal law where the underlying offense is not an eligible offense,\nan attempt to commit an offense that is not an eligible offense if the\nattempt is a felony, or an offense for which registration as a sex\noffender is required pursuant to article six-C of the correction law.\nFor the purposes of this section, where the defendant is convicted of\nmore than one eligible offense, committed as part of the same criminal\ntransaction as defined in subdivision two of section 40.10 of this\nchapter, those offenses shall be considered one eligible offense.\n (b) "Sentencing judge" shall mean the judge who pronounced sentence\nupon the conviction under consideration, or if that judge is no longer\nsitting in a court in the jurisdiction in which the conviction was\nobtained, any other judge who is sitting in the criminal court where the\njudgment of conviction was entered.\n 1-a. The chief administrator of the courts shall, pursuant to section\n10.40 of this chapter, prescribe a form application which may be used by\na defendant to apply for sealing pursuant to this section. Such form\napplication shall include all the essential elements required by this\nsection to be included in an application for sealing. Nothing in this\nsubdivision shall be read to require a defendant to use such form\napplication to apply for sealing.\n 2. (a) A defendant who has been convicted of up to two eligible\noffenses but not more than one felony offense may apply to the court in\nwhich he or she was convicted of the most serious offense to have such\nconviction or convictions sealed. If all offenses are offenses with the\nsame classification, the application shall be made to the court in which\nthe defendant was last convicted.\n (b) An application shall contain (i) a copy of a certificate of\ndisposition or other similar documentation for any offense for which the\ndefendant has been convicted, or an explanation of why such certificate\nor other documentation is not available; (ii) a sworn statement of the\ndefendant as to whether he or she has filed, or then intends to file,\nany application for sealing of any other eligible offense; (iii) a copy\nof any other such application that has been filed; (iv) a sworn\nstatement as to the conviction or convictions for which relief is being\nsought; and (v) a sworn statement of the reason or reasons why the court\nshould, in its discretion, grant such sealing, along with any supporting\ndocumentation.\n (c) A copy of any application for such sealing shall be served upon\nthe district attorney of the county in which the conviction, or, if more\nthan one, the convictions, was or were obtained. The district attorney\nshall notify the court within forty-five days if he or she objects to\nthe application for sealing.\n (d) When such application is filed with the court, it shall be\nassigned to the sentencing judge unless more than one application is\nfiled in which case the application shall be assigned to the county\ncourt or the supreme court of the county in which the criminal court is\nlocated, who shall request and receive from the division of criminal\njustice services a fingerprint based criminal history record of the\ndefendant, including any sealed or suppressed records. The division of\ncriminal justice services also shall include a criminal history report,\nif any, from th
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