CPL § 160.60

Effect of termination of criminal actions in favor of the accused

§ 160.60 Effect of termination of criminal actions in favor of the

accused.

Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision two of section 160.50 of this chapter, the arrest and prosecution shall be deemed a nullity and the accused shall be restored, in contemplation of law, to the status he occupied before the arrest and prosecution. The arrest or prosecution shall not operate as a disqualification of any person so accused to pursue or engage in any lawful activity, occupation, profession, or calling. Except where specifically required or permitted by statute or upon specific authorization of a superior court, no such person shall be required to divulge information pertaining to the arrest or prosecution.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/160.60

In plain English

When a case ends in the accused's favor (as defined in § 160.50), the arrest and prosecution are deemed a nullity and the person is restored, in contemplation of law, to the status they had before the arrest. ★ The arrest/prosecution cannot disqualify them from any lawful activity, job, profession, or license, and — except where a statute or a superior court specifically allows — no one may be required to divulge information about the arrest or prosecution. ★

★ Exam hits:

Fingerprint triggers (§ 160.10): mandatory for a felony, a Penal Law misdemeanor, or an outside misdemeanor that would be a felony with a prior. Optional when ID is unknown/doubted or the person is wanted elsewhere.
Police forward two copies of prints to DCJS (§ 160.20). DCJS reports back; the certified report = presumptive evidence. Police send the report to the DA (1 copy) and the court (2 copies); the court gives a copy to the defense (§ 160.40).
§ 160.50: case ends in the accused's favor → seal; the clerk notifies DCJS + police; DA/court can block only in the interests of justice on ≥ 5 days' notice.
§ 160.55: conviction of only a violation or traffic infraction (not DWAI) → seal too.
Clean Slate (§ 160.57): auto-seal — misdemeanor after 3 years, felony after 8 years; no class A felonies (except Art. 220); OCA does it; a sealed conviction still counts for enhancement and can't be waived away.
§ 160.58: conditional sealing after drug-treatment completion (+ up to 3 prior Art. 220/221 misdemeanors); unsealed instantly on a new arrest/charge.
§ 160.59: apply to seal up to 2 offenses / max 1 felony, after a 10-year wait; DA has 45 days to object.
§ 160.60: favorable termination = a nullity; person restored to pre-arrest status; no disqualification, no duty to disclose.
No polygraphs for sexual-assault victims (§ 160.45).

Verbatim statute: CPL - Article 160

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.