1. A protection order issued pursuant to this article, and all records of any proceedings conducted pursuant to this article, shall be sealed upon expiration of such order and the clerk of the court wherein such proceedings were conducted shall immediately notify the commissioner of the division of criminal justice services, the heads of all appropriate police departments, applicable licensing officers, and all other appropriate law enforcement agencies that the order has expired and that the record of such protection order shall be sealed and not be made available to any person or public or private entity, except that such records shall be made available to:
§ 6346.Expiration of an extreme risk protection order.
Article 63-A. Extreme Risk Protection Orders · Last amended 2019 · Last verified July 21, 2026
In one sentenceCPLR 6346 requires ERPO records to be sealed once the order expires, limits who can still see them, and sets the process for a respondent to get surrendered firearms back once the order is no longer in effect.
Full Text of CPLR 6346
(a) the respondent or the respondent’s designated agent;
(b) courts in the unified court system;
(c) police forces and departments having responsibility for enforcement of the general criminal laws of the state;
(d) any state or local officer or agency with responsibility for the issuance of licenses to possess a firearm, rifle or shotgun, when the respondent has made application for such a license; and
(e) any prospective employer of a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law, in relation to an application for employment as a police officer or peace officer; provided, however, that every person who is an applicant for the position of police officer or peace officer shall be furnished with a copy of all records obtained under this subparagraph and afforded an opportunity to make an explanation thereto. 2. Upon expiration of a protection order issued pursuant to this article and upon written application of the respondent who is the subject of such order, with notice and opportunity to be heard to the petitioner and every licensing officer responsible for issuance of a firearm license to the subject of the order pursuant to article four hundred of the penal law, and upon a written finding that there is no legal impediment to the respondent’s possession of a surrendered firearm, rifle or shotgun, the court shall order the return of a firearm, rifle or shotgun not otherwise disposed of in accordance with subdivision one of section sixty-three hundred forty-four of this article. When issuing such order in connection with any firearm subject to a license requirement under article four hundred of the penal law, if the licensing officer informs the court that he or she will seek to revoke the license, the order shall be stayed by the court until the conclusion of any license revocation proceeding.
Plain-English Summary
Once an extreme risk protection order expires, CPLR 6346 requires the order and all records of the proceeding to be sealed, and the clerk must notify the division of criminal justice services, relevant police department heads, licensing officers, and other law enforcement agencies that the order has expired and the record is sealed. Sealed records remain available only to a limited list: the respondent or the respondent's agent, courts within the unified court system, general police forces, agencies that license firearm possession when the respondent applies for a license, and prospective employers screening a police or peace officer applicant, who must give the applicant a copy of any records obtained and a chance to respond.
Once the order expires, the respondent may apply in writing for the return of any firearm not already disposed of, giving notice and an opportunity to be heard to the petitioner and to any licensing officer responsible for issuing a firearm license to the respondent. The court orders the firearm returned on a written finding that no legal impediment blocks the respondent's possession of it. If a licensing officer tells the court it intends to seek revocation of the respondent's license, the return order is stayed until that revocation proceeding concludes.
Frequently Asked Questions
Are extreme risk protection order records public in New York?
No. CPLR 6346 requires the order and all proceeding records to be sealed once the order expires.
Who can still see a sealed extreme risk protection order record?
The respondent or their agent, courts in the unified court system, general police forces, firearm licensing agencies when the respondent applies for a license, and prospective police or peace officer employers screening an applicant.
How does a respondent get firearms back after an ERPO expires?
By written application after the order expires, with notice to the petitioner and any relevant licensing officer, and on a written court finding that no legal impediment blocks the respondent's possession.
Can a firearms license revocation proceeding delay the return of a gun after an ERPO expires?
Yes. If the licensing officer says it will seek to revoke the respondent's license, the return order is stayed until that proceeding concludes.
Does a prospective police employer get to see a sealed ERPO record?
Yes, when screening an applicant for a police or peace officer position, though the applicant must be given a copy of the records obtained and a chance to explain them.
Amendment History
L 2019, ch 19, § 1, effective August 24, 2019.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: ERPO expiration New Yorksealing red flag order recordsget guns back after an ERPO expires