New York Expungement & Record Sealing Guide

Who Qualifies for Expungement in New York?

New York uses sealing rather than traditional expungement — records are hidden from most public access but not destroyed. Several different laws apply depending on your situation.

Automatic Sealing — Clean Slate Act (CPL § 160.57, enacted November 2024)

The most significant recent reform. Your record is automatically sealed if:

• You have a misdemeanor conviction and 3 years have passed since sentencing or release (whichever is later)
• You have a felony conviction and 8 years have passed since sentencing or release
• You have completed all sentence terms including probation and parole
• You have no new criminal convictions during the waiting period
• The conviction is not an excluded offense (see below)

Excluded from Clean Slate automatic sealing: Sex crimes, most Class A felonies (except certain drug offenses), offenses requiring sex offender registry, and crimes carrying life sentences.

Note: The Clean Slate Act is law but court systems have until November 16, 2027 to complete full implementation. If your record should be sealed but hasn't been, you or an attorney can petition the court for review.

Petition-Based Sealing — CPL § 160.59 (10-Year Rule)

For those who don't qualify for Clean Slate or want to seal sooner under the old process:

• At least 10 years must have passed since conviction or release
• No more than 2 total convictions (maximum 1 felony)
• No new convictions during the 10-year period
• The court retains discretion to grant or deny based on the nature of the offense and individual circumstances

Non-Conviction Sealing (CPL § 160.50)

If charges were dismissed, vacated, or did not result in conviction — records are sealed automatically under CPL § 160.50.

Drug Offense Sealing (CPL § 160.58)

Certain drug and marijuana convictions may be sealed after completing a judicial diversion program, DTAP, or drug treatment alternative program.

Step-by-Step: How to Clear Your Record in New York

Automatic Sealing (Clean Slate Act)

No action required. Once the Office of Court Administration and Division of Criminal Justice Services (DCJS) complete implementation (by November 16, 2027), eligible records are sealed systematically. Check your record periodically to confirm sealing has occurred.

Petition-Based Sealing (CPL § 160.59)

1. Confirm eligibility — Obtain your full criminal history from DCJS (fee: ~$65) to verify conviction count, offense types, and dates.
2. Prepare the motion — File a written motion in the sentencing court documenting your eligibility: timelines, criminal history, evidence of rehabilitation, and no recent convictions. An attorney is strongly recommended.
3. Court review — The judge reviews the motion. For serious offenses, a hearing may be scheduled. The court has discretion to grant or deny.
4. Order issued — If granted, the court orders DCJS and law enforcement to honor the sealing for most public and private inquiries.

Waiting Periods

• Non-conviction (dismissed/acquitted): Immediate — sealed automatically under CPL § 160.50
• Misdemeanor (Clean Slate): 3 years from sentencing or release
• Felony (Clean Slate): 8 years from sentencing or release
• Petition-based (CPL § 160.59): 10 years from conviction or release
• Drug offenses (CPL § 160.58): Upon completion of treatment/diversion program

Costs

• Automatic Clean Slate sealing: Free
• DCJS criminal history record: ~$65 (to verify your record before petitioning)
• CPL § 160.59 petition court fee: Varies by county
• Attorney fees (petition-based): $1,500–$4,000 depending on complexity

The Legal Aid Society and other NYC-area nonprofits offer free sealing assistance for qualifying individuals.

What Record Clearing Does (and Doesn't) Do in New York

After a successful expungement or sealing in New York, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in New York for advice specific to your situation.