Criminal History Disclosure

In New York, criminal history records typically begin with convictions that resulted in at least a fine. The New York Penal Law categorizes penalties as follows: death penalty (abolished), imprisonment (jail or prison), probation, conditional discharge, fines, and restitution. Once a court imposes a sentence that includes a fine or more severe punishment, that record becomes part of your official criminal history.

Violations such as parking tickets or civil penalties do not count as criminal records and are not recorded in the Division of Criminal Justice Services (DCJS) database. However, dismissals, acquittals, or adjournments in contemplation of dismissal (ACD) also remain in law enforcement archives and may be used for internal purposes, but are not publicly disclosable as part of a formal criminal history disclosure.

New York separates actual convictions (formal criminal history) from investigative or arrest records. While both can appear in police databases, only criminal convictions are considered formal criminal history. Arrests without convictions are supposed to be sealed under CPL §160.50, but mistakes in reporting still happen, necessitating careful review of any background check results.

New York law does not allow automatic expungement for most convictions. However, under CPL §160.59, individuals convicted of up to two offenses (no more than one felony) may petition to have their criminal history records sealed after 10 years from the date of conviction or release from incarceration, whichever is later. This provision offers a critical pathway to limiting future disclosures.

Here's a simplified breakdown of sealing eligibility for your criminal history:

• Violations and infractions: sealed automatically under CPL §160.55
• Non-criminal dismissals: sealed under CPL §160.50
• Eligible convictions: must apply under CPL §160.59
• Sex crimes and serious violent felonies: not sealable

Access to unsealed criminal history records is restricted. Only certain entities, like law enforcement agencies, courts, government employers, or organizations authorized under federal or state law (e.g., fingerprint-based background checks) can access them. Employers not covered under these categories may not request or obtain sealed or expunged records, providing significant protection against widespread criminal history disclosure.

Unauthorized use, leakage, or misuse of sealed records is punishable by fines or criminal penalties under New York Executive Law §845-b.

While a criminal history is a personal matter, its consequences often ripple through your family. If a family member becomes aware of a conviction, particularly in sensitive cases like domestic violence or sexual misconduct, it may impact child custody cases, divorce proceedings, or even familial relationships; this makes the potential for a criminal history disclosure within the family highly sensitive. Moreover, concealing a serious conviction during marriage may be grounds for annulment under New York Domestic Relations Law §140.

Although New York’s Human Rights Law prohibits most employers from discriminating based on a criminal conviction (especially if sealed), exceptions exist for certain fields. Government positions, schools, daycare centers, security companies, and financial institutions may conduct full background checks, meaning a formal criminal history disclosure can prevent employment in these areas. A criminal history, especially one involving dishonesty, violence, or sex offenses, can disqualify you from these roles.

Many employers also informally disqualify candidates who cannot travel abroad due to record-related restrictions. Thus, even without direct questioning about your criminal past, your inability to satisfy background-related employment conditions can act as an indirect barrier related to your criminal history disclosure.

If you've been accused of a crime, securing a non-prosecution outcome, such as a declination by the District Attorney or a dismissal, ensures your record is sealed under CPL §160.50, thereby avoiding the need for a criminal history disclosure. This is especially vital in the investigative stage, where an experienced criminal defense attorney may persuade authorities not to pursue charges at all, which is the ultimate goal in preventing a permanent criminal record.

For minor offenses, New York offers the ACD mechanism (CPL §170.55), which can effectively prevent a conviction from appearing on your criminal history. If the case remains trouble-free for a set period (usually six months), the case is dismissed and sealed without a conviction, offering a valuable opportunity to prevent a lasting record.

For individuals with drug-related convictions, New York offers conditional sealing under CPL §160.58. If you successfully complete a court-mandated treatment program, your criminal history record may be sealed upon petition, significantly limiting future disclosures. However, this beneficial provision is limited to specific drug-related misdemeanors or felonies and requires judicial discretion.