NEW YORK
How to Clear Your Criminal Record
in New York
A free, plain English guide to record sealing under New York law — including the new Clean Slate Act that automatically seals millions of eligible records.
LEGAL TERM
Record Sealing
FILING FEE
No fee (automatic)
GOVERNING LAW
CPL § 160.57 / § 160.59
What You Need to Know First

New York does not have expungement. Unlike most states, New York cannot fully erase or destroy criminal conviction records. What New York offers is sealing — which hides your record from most public and private background checks while keeping it accessible to law enforcement and certain agencies.

The Clean Slate Act is now in effect. Since November 16, 2024, New York automatically seals most eligible conviction records after a waiting period — no application needed. The courts have until November 16, 2027 to seal all eligible records entered before that date. If you qualify, your record will be sealed automatically.

New York has two sealing pathways. Understanding which applies to you is the first step.

Clean Slate — Automatic Sealing
CPL § 160.57 — NO ACTION NEEDED
Most misdemeanor and felony convictions are automatically sealed after a waiting period — 3 years for misdemeanors, 8 years for felonies — measured from sentencing or release, whichever is later. No application, no court appearance, no fee. You just have to stay conviction-free during the waiting period.
Petition-Based Sealing
CPL § 160.59 — APPLICATION REQUIRED
If you don't qualify for automatic sealing — or want to seal your record sooner — you can petition the court. Available for up to two convictions (only one felony) after a 10-year waiting period. Requires a motion and court approval.
Clean Slate Waiting Periods

The clock starts from the date of sentencing or the date of release from incarceration — whichever is later. If you are convicted of a new offense during the waiting period, the clock resets from the date of the new conviction.

DWAI (Driving While Ability Impaired) infraction
3 years
Misdemeanor conviction
3 years
Felony conviction
8 years
Petition-based sealing (CPL § 160.59)
10 years

You must not be on probation, parole, or post-release supervision when the waiting period expires. You must also have no pending criminal charges. If any of these apply, sealing is delayed until they are resolved.

What Can — and Can't — Be Sealed
ELIGIBLE FOR SEALING
  • Most misdemeanor convictions — after 3 years
  • Most felony convictions — after 8 years
  • Drug-related Class A felonies — eligible under Clean Slate
  • Multiple convictions — no limit under Clean Slate
  • Convictions before November 2024 — eligible if waiting period has passed
NOT ELIGIBLE FOR SEALING
  • Sex offenses requiring registration
  • Sexually violent offenses
  • Class A felonies — murder, terrorism (except drug-related)
  • Life sentence convictions
  • Currently on probation, parole, or supervision
  • Pending criminal charges in any state
  • Federal convictions or convictions from other states
  • Driving-related convictions — DMV retains access
How Automatic Sealing Works — Clean Slate

If you qualify for automatic sealing under the Clean Slate Act, you don't need to do anything. Here's what happens:

1
The Waiting Period Passes
Once 3 years (misdemeanor) or 8 years (felony) have passed since your sentencing or release — and you have no new convictions, no pending charges, and are not on supervision — your record becomes eligible.
2
The State Seals It Automatically
The Office of Court Administration and Division of Criminal Justice Services review eligible records and seal them without any action from you. All eligible convictions entered before November 2024 must be sealed by November 16, 2027.
3
Check Your Record
You can request a copy of your New York State criminal history from DCJS to verify your record has been sealed. Visit criminaljustice.ny.gov for instructions.
4
If Your Record Wasn't Sealed
If you believe your record should have been sealed but wasn't, you or your attorney can petition the court for a review after November 16, 2027. The Office of Court Administration will make a form available at nycourts.gov.
How to File a Petition — CPL § 160.59

If you don't qualify for automatic sealing — or want to seal a record sooner — you can petition under CPL § 160.59 after a 10-year waiting period.

1
Confirm Your Eligibility
You may petition if you have no more than two convictions total with only one being a felony, at least 10 years have passed since sentencing or release, and you have no new convictions during that period. Sex offenses, violent felonies, and Class A felonies are not eligible.
2
Prepare Your Motion
Your petition must include a sworn statement explaining why sealing is in the interest of justice, supporting documents showing rehabilitation — employment history, community involvement, family support — and a certificate of disposition for each conviction you want sealed.
3
File with the Sentencing Court
File your petition with the criminal court where you were convicted. The clerk will notify the prosecutor's office, which has the opportunity to object and request a hearing.
4
Attend a Hearing if Required
If the prosecutor objects, the judge will schedule a hearing where you can present evidence of rehabilitation. The judge weighs the interests of justice against public safety in deciding whether to grant sealing.
5
After Sealing Is Granted
The court notifies DCJS and law enforcement agencies to seal the record. Your conviction will no longer appear on most public and private background checks. Law enforcement, courts, and certain agencies retain access.
Certificates of Relief and Good Conduct

If your record doesn't qualify for sealing yet, New York offers two certificates that can help while you wait:

CERTIFICATE OF RELIEF FROM DISABILITIES
  • Available if you have no more than one felony conviction
  • Helps restore rights lost due to conviction — job eligibility, professional licenses
  • Can be issued at sentencing or after
  • Does not seal your record — it supplements it
CERTIFICATE OF GOOD CONDUCT
  • Available for people with more than one felony
  • Demonstrates rehabilitation to employers and licensing boards
  • Requires a waiting period after release — 1 to 5 years depending on offense
  • Apply through the Department of Corrections and Community Supervision
Official Resources
Clean Slate Act — Official NY Courts Page
Official information about the Clean Slate Act including eligibility, timeline, and how to request a review
Visit nycourts.gov →
Request Your NY Criminal History
Request a copy of your New York State rap sheet from DCJS to see what's on your record
Visit criminaljustice.ny.gov →
CPL § 160.59 Petition Forms
Petition forms for court-ordered sealing — available from the court where you were convicted
Visit nycourts.gov →
Certificate of Good Conduct
Apply for a Certificate of Good Conduct through the Department of Corrections
Visit doccs.ny.gov →
Helpful Resources
FREE LEGAL HELP
Legal Aid Society of New York
Free legal assistance for low-income New Yorkers — including criminal record sealing help
legalaidnyc.org →
FREE LEGAL HELP
Legal Assistance of Western NY
Free civil legal help including Clean Slate and record sealing assistance in western New York
lawny.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
CLEAN SLATE INFORMATION
Clean Slate NY
Detailed FAQ and resources about the Clean Slate Act from the advocacy coalition that helped pass it
cleanslateny.org →
COURT LOCATIONS
New York Courts
Find your county criminal court and self-help resources
nycourts.gov →
Frequently Asked Questions
Does New York have expungement? +
No — New York does not have expungement for adult criminal convictions. Expungement would completely destroy the record as if it never happened. New York only offers sealing, which hides the record from most public and private background checks but does not destroy it. Law enforcement, courts, and certain agencies can still access sealed records.
Do I need to do anything to get my record sealed under Clean Slate? +
No — if you qualify for automatic sealing under the Clean Slate Act, you don't need to file anything, pay any fees, or appear in court. You simply need to meet the eligibility requirements: complete your waiting period without new convictions, complete any supervision, and have no pending charges. The state seals eligible records automatically.
My record should be eligible but hasn't been sealed yet. What do I do? +
The state has until November 16, 2027 to seal all eligible records entered before the Clean Slate Act took effect. If your record should qualify but hasn't been sealed by that date, you or your attorney can request a review from the Office of Court Administration. A form for this will be made available at nycourts.gov by November 2027.
Can I legally say I was never convicted after my record is sealed? +
In most situations yes — sealed conviction records do not appear on most private and civil background checks and you generally do not have to disclose them to private employers or landlords. However unlike states with full expungement, the conviction still legally exists and must be disclosed in certain situations — including applications for firearm licenses, immigration proceedings with USCIS, and certain government and law enforcement positions.
Will my record show on a background check after sealing? +
For most private employers, landlords, and civil background checks — no. Sealed records are not available for most civil purposes. However certain background checks remain available — jobs requiring state or federal fingerprint-based checks, positions working with children or vulnerable adults, law enforcement, gun licensing, and immigration. The Clean Slate Act also does not require the DMV to seal driving-related records.
Do I need an attorney? +
For automatic Clean Slate sealing — no, you don't need an attorney at all. For petition-based sealing under CPL § 160.59, working with an attorney is strongly recommended since the process requires a motion demonstrating your rehabilitation and the interests of justice. The Legal Aid Society offers free help for those who qualify.
After Your Record Is Sealed

After sealing in New York, your conviction will not appear on most private employer or landlord background checks. You generally do not need to disclose sealed convictions on private job or housing applications.

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Employment
Sealed records do not appear on most private employer background checks. New York's ban-the-box law also restricts when employers can ask about criminal history. Government jobs, law enforcement, and positions requiring fingerprint-based background checks are exceptions.
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Gun Rights
New York requires disclosure of sealed convictions for firearm license applications. Sealing does not restore gun rights lost due to a felony conviction under New York or federal law. If you have a felony conviction and wish to possess a firearm, consult a licensed New York attorney.
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Professional Licensing
Many New York licensing boards have been restricted from automatically denying licenses based on criminal history. However certain boards — healthcare, law, education, childcare — may still have access to sealed records. Contact the specific licensing board before applying.
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Immigration
Sealing under the Clean Slate Act does not affect immigration. If you are dealing with immigration proceedings, you must still disclose convictions to USCIS regardless of sealing. Consult an immigration attorney if this applies to you.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.

This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.