NY S03281

Expands conviction sealing eligibility from up to 2 eligible offenses to up to 5 eligible criminal offenses, and from 1 felony to 2 felony offenses

Reduces the waiting period for sealing from 10 years to 1 year for misdemeanors/violations and 3 years for felonies (excluding time spent incarcerated)

Adds first-offense DWI/DWAI violations (Vehicle and Traffic Law §1192(1)) as eligible for sealing

Shifts the burden of proof so courts must grant sealing unless the prosecutor demonstrates by clear and convincing evidence that exceptional circumstances creating an unreasonable risk to public safety weigh against relief

Makes sworn statements explaining reasons for sealing optional rather than mandatory, and prosecutor failure to object within 45 days constitutes consent to the application