New York Sealing Law: Can You Seal Both Your Misdemeanor and Felony DWI?

Second chances shouldn't be wasted!

For over a decade New York has been ratcheting up penalties for DWI. In 2010 our state was one of the first to make ignition interlock devices a must for all first time drunk driving convictions. Then law went from a 6 month interlock to a 12 month interlock. Alcohol evaluations and treatment are now mandatory for those convicted twice within 25 years.

Then in 2012 the DMV began applying a lifetime look back for problem drivers. Those drivers with even a 25 year old conviction were facing strict administrative license penalties. The purpose of all this new legislation was to severely limit or to revoke the driving privileges of those convicted of DWI offense, accidents, or multiple violations.


New York's recently passed sealing law, CPL section 160.59 is a sharp departure from this trend for harsher punishment. The law's primary focus is to shield criminal convictions on rap sheets from public disclosure.

Can you get your misdemeanor DWI convictions sealed under the new sealing law?

Can you get your felony DWI conviction sealed under the new sealing law?

Using the New York Sealing Law in Multiple Courts of Conviction

Motion to Seal Criminal Record
Which New York Court?

New York will now have a sealing law in place for criminal misdemeanors and felonies beginning in October of 2017. Look at our previous blog post to see if your convictions qualify and when you can proceed to seal them. The new sealing law under New York CPL section 160.59 permits up to two criminal convictions to be sealed.

What if you have a misdemeanor conviction located in one court, and a felony conviction in yet another court and yet another county, which one do you work on to seal both? How do you get to seal both criminal convictions? What if you have two criminal convictions that are misdemeanors in two different courts? How is application made to seal both misdemeanor convictions?

Can You Seal Your Criminal Conviction Under New York's New Sealing Law 160.59?

Our surprise is New York's
New Sealing Law

In April 2017 New York State finally approved a $153 billion dollar budget bill. Much like a box of Cracker Jacks hidden inside this budget bill was a surprise legislative provision. A new law is to take effect in October of 2017 which allows for sealing of criminal records. Those convicted in 2007 or before may want to begin this process.

This is a truly historical, unprecedented, and ground breaking law. This legislation brings hope to millions of New Yorkers who were marked for life by virtue of having an old criminal conviction. New York has NO expungement law so sealing is the next best thing.

There is a lot to discuss about New York State's new criminal record sealing Criminal Procedure SEALING Law § 160.59. Giving people a fresh start is a nice surprise in my opinion.

In this blog post I'll start with the basics: who qualifies for sealing their criminal record, what offenses can be sealed, when can you apply for sealing, and how is sealing different from expungement.