Sealed Records: Good Result (Favorable Disposition CPL §160.50)
When someone is arrested and goes to court, records are taken and kept throughout the process. The police may keep records of the arrest. The court will have records of the court proceedings, such as the arraignment and trial. If someone is convicted of an offense, meaning they were found guilty, or pled guilty, that conviction may show up on background checks on applications for jobs, bank loans, schools, or more. This is commonly referred to as a “criminal record.”
If the defendant gets a good result, also called a “favorable disposition,” in a criminal case, then the criminal record is automatically sealed. Sealed records will not show up on most criminal records searches. When there is a good result in a criminal case, the court notifies the Department of Criminal Justice Services and the police, so that all records involved in the case are sealed, including police and court records.
A good result in a criminal case includes:
- Acquittal: the defendant has a trial, and the Judge or a jury finds them not guilty.
- Dismissal: the case ends for another reason. A dismissal is not the same as an acquittal, but when a case is dismissed, the court did not find the defendant guilty. Possible types of dismissals include:
- Dismissal by Grand Jury
- The grand jury did not indict a case.
- Dismissal of the Information
- The judge dismissed a prosecutor’s information.
- Dismissal in the Interests of Justice
- This is the result of what is called a Clayton motion, where the Judge is asked to dismiss a case because continuing with a trial on the offense would result in injustice.
- Adjournment in contemplation of dismissal (commonly referred to as an “ACD”)
- The Judge decides to put off a trial on an offense for a certain amount of time. If the defendant keeps out of trouble during that time, and is not re-arrested, then their case will be dismissed.
- Diverted and dismissed
- The case is dismissed after the defendant successfully completes a treatment or diversion program, as ordered by a Judge.
- Decline Prosecution (Nolle Prosequi): The prosecutor decides not to move forward with the case against the defendant.
- Decline to File Accusatory Instrument: The police decide not to move forward with the case against the defendant.
- Order Setting Aside the Verdict: The Judge changes the verdict after the trial, but before the sentencing, even if that verdict found the person guilty.
- Order Vacating a Judgment: The Judge cancels the judgment against a defendant after that person has already been found guilty and has been sentenced.
- Habeas Appeal
- Dismissal after adjournment in contemplation of dismissal (ACD). This happens when a decision is made to put off a trial for a certain amount of time and if you keep out of trouble during that time your case is dismissed. (A Dismissal as Covered is not sealed)
- Decline Prosecution (Nolle Prosequi). This happens when the Prosecutor decides not to move forward with the case against you
- Decline to File Accusatory Instrument. This happens when the police decide not to move forward with the case against you
- Order Setting Aside the Verdict. This is when the Judge changes the verdict after trial and before sentencing
- Order Vacating a Judgment. This is when the Judge cancels the judgment after you have been sentenced
- Habeas Appeal
The New York State Department of Criminal Justice Services (DCJS) is the agency that keeps someone’s New York State criminal history record, commonly called a “rap sheet.” If your rap sheet lists cases that should be sealed, you can try to have the mistake corrected. See Criminal Records: Correcting a Mistake.
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