How Much Does It Cost to Seal a Criminal Record in New York? (Attorney Fees & Court Costs)

Clearing your criminal past is one of the best investments you can make for your future career and housing prospects. While the new automatic sealing laws help many, countless New Yorkers in Brooklyn, Syracuse, and Albany still need to file traditional sealing motions under N.Y. Crim. Proc. Law § 160.59 to actively hide their records. Filing this motion involves drafting complex legal arguments, gathering evidence of rehabilitation, and paying various fees. If you are ready to take control of your future, checking our US Lawyers directory is a great way to find a local defense attorney who offers competitive rates for record sealing.

Understanding exactly what you are paying for helps you avoid surprise bills. The total cost is generally split into two categories: non-negotiable administrative and court costs, and the professional fees charged by your lawyer. Let us break down these expenses so you can budget effectively.

Breakdown of Court Costs and Administrative Fees

Even if you try to handle the sealing process yourself (which is highly risky), you cannot escape the state-mandated administrative fees. These costs pay for the government agencies to process your fingerprints and pull your official documents.

Fingerprinting Costs at IdentoGO

When you file a formal motion to seal, the court requires absolute proof of your identity and your current criminal history. You must be fingerprinted through the state-approved vendor, IdentoGO (at regional locations across New York). To obtain your official unsuppressed RAP (Record of Arrests and Prosecutions) sheet for a record review, you schedule fingerprinting through IdentoGO, which submits them directly to the state for a combined total fee of approximately $62 ($50 state fee plus vendor processing).

Background Check Retrieval Fees

Your lawyer cannot seal a record they cannot see. The fingerprints captured by IdentoGO are transmitted directly to the New York State Division of Criminal Justice Services, Albany to generate your complete, unsuppressed criminal history. Because this DCJS Record Review is paid as a single bundled fee of approximately $62 during your fingerprinting appointment, you do not need to pay a separate fee directly to DCJS.

Obtaining Certified Dispositions

You must provide the court with the exact details of how your past cases ended. This requires a Form UCS-CODR, New York, Unified Court System, Criminal Certificate of Disposition Request for every single arrest on your record-even those that were dismissed. You can obtain these from the clerk's office where the case was handled, such as the New York County Clerk, New York or the Erie County Court, Buffalo. Each certified copy costs $10 in New York City courts and $5 in courts outside NYC.

Attorney Retainer Fees: Flat Fee vs. Hourly

Because sealing a record is a relatively predictable process, most criminal defense attorneys in New York charge a "flat fee" rather than billing you by the hour. This means you pay one upfront price that covers the drafting of the motion, compiling exhibits, and filing the paperwork. For a straightforward sealing motion involving one or two eligible convictions in the same county, flat fees generally range from $1,500 to $3,500. If an attorney charges hourly, rates usually sit between $250 and $500 per hour, which can quickly exceed flat-fee estimates if the District Attorney contests the motion.

Hidden Costs: Translation and Multi-County Filings

If your convictions occurred in different counties (for example, one in Queens and one in Westchester), you do not file multiple motions. Under N.Y. Crim. Proc. Law § 160.59(2)(a), you must file a single application in the county where your most serious conviction occurred (or the most recent, if equal in severity), while serving copies on each relevant District Attorney. However, coordinating across multiple counties requires retrieving separate certificates of disposition and addressing potential objections from multiple prosecutors, which may increase legal preparation fees by $500 to $1,000. Additionally, successful sealing motions require character reference letters. If your references write in a language other than English, you must pay a certified translation service to translate the letters for the judge, adding $50 to $100 per document.

The Cost of Contesting a District Attorney's Objection

After your lawyer files the Form CPL-160.59, New York, Unified Court System, Notice of Motion and Affidavit in Support of Sealing, the local District Attorney has 45 days to object. A prosecutor's objection does not require an appellate appeal, but instead automatically triggers a mandatory hearing before the sentencing judge under N.Y. Crim. Proc. Law § 160.59(6). Precedents like People v. Jaime S., 59 Misc. 3d 472 (NY Supreme Court 2018) show that judges have the final say and can grant the sealing even if the prosecutor protests. However, an evidentiary hearing requires your lawyer to appear in court, cross-examine witnesses, and argue on your behalf. Many retainer agreements include a clause stating that if a hearing is required, you must pay an additional fee-often between $1,000 and $2,000-to cover the extensive trial preparation.

Summary of Estimated Record Sealing Costs in NY

Frequently Asked Questions (FAQ)