In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In New York, criminal records, including arrests, convictions, and other proceedings, are generally public. However, under certain conditions, these records can be expunged or sealed. Expungement effectively erases the record, while sealing restricts access to the record, making it unavailable to private parties but still accessible to government agencies. New York law allows for the sealing of criminal records in specific instances, such as certain drug offenses, offenses committed by juvenile offenders, and cases that end in a favorable disposition for the accused. Additionally, records that are not subject to public access include unexecuted warrants, bail reports, juvenile records, juror information, and defense strategy documents. Judges in New York also have the discretion to seal additional documents or close hearings to protect individuals, safeguard ongoing investigations, ensure due process, or maintain national security. Federal judges seldom seal criminal records, and the criteria for sealing records in federal court are stringent and less common than in state courts. The laws regarding sealing or nondisclosure of criminal records in New York are found within the state's statutes.