New York: Adult Diversion/Deferral Program (NY-D-1)

Records relating to specified controlled substance convictions can be conditionally sealed by the court upon the successful completion of drug treatment. N.Y. Crim. Proc. Law § 160.58(1).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

By petition or court's own motion

Remedy

Seal

Ineligible Category or Citation

This statute applies only to offenses specified in articles 220 or 221 of the penal law or section 410.91(5) of the criminal procedure law. If the court conditionally seals the record following the judicially sanctioned drug treatment program, it may also conditionally seal records for no more than three of the defendant's prior eligible misdemeanors, as defined in articles 220 or 221 of the penal law. N.Y. Crim. Proc. Law § 160.58(1), (2).

Procedure General

The petition must be filed in the sentencing court, or the court can order the record sealed on its own motion. For the specific procedure, see N.Y. Crim. Proc. Law § 160.58.

Fees

There is no statutory language regarding fees.

Effect

Records of arrest and prosecution are sealed and made unavailable to any person or agency, except for specified entities. The state Division of Criminal Justice Services retains fingerprints, palm prints, photographs, or digital images. Records are unsealed in the event of a subsequent arrest or charge. N.Y. Crim. Proc. Law § § 160.58(4)-(6), (8)

Waiting Periods

The petition can be filed upon completion of drug treatment.

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