Как опечатать (sealing) судимость в Нью-Йорке

A past conviction can block you from jobs, housing, and professional licenses for years after your case is over. New York gives you two ways to put it behind you. It helps to know up front that New York seals records rather than expunging them — sealing hides a conviction from most public background checks, but it doesn’t erase it.  This is general information, not legal advice. Eligibility depends on the specific facts of your record, and the law here has changed recently — talk to a New York criminal defense attorney before relying on anything below.

Two Ways to Seal a Record

1. Automatically, under the Clean Slate Act

As of November 16, 2024, eligible New York convictions are sealed on their own — no application required — once a waiting period passes:

• Misdemeanors: 3 years after sentencing or release from incarceration, whichever is later.
• Felonies: 8 years after sentencing or release from incarceration, whichever is later.

To qualify, you can’t currently be on parole, probation, or post-release supervision, and you can’t have a new conviction or a pending charge — a new case restarts the waiting period. Unlike the petition route below, there’s no cap on the number of convictions sealed this way. Sex offenses, sexually violent offenses, and most Class A felonies (like murder) are never eligible, and the law covers New York State convictions only — not federal or out-of-state records.

One important caveat: the courts have until November 16, 2027 to work through the backlog of existing records, so a conviction can be legally eligible but not yet physically sealed. If a record that should have been sealed wasn’t, you or your attorney can request a review.

2. By petition, under CPL §160.59

The older route still exists and can be the right tool — sometimes faster than waiting out the automatic timeline. You apply to the court to seal up to two convictions (no more than one of them a felony) once 10 years have passed since your most recent sentence, with no pending charges. Sealing here is discretionary — the judge decides.

A typical application includes a Certificate of Disposition, the sealing application, and sworn statements explaining why the court should grant it, plus any evidence of rehabilitation — work, school, community involvement. It’s filed with the court and served on the District Attorney in every county where a conviction occurred; the DA has 45 days to object, and if it does, the court must hold a hearing. In weighing the request, judges look at how much time has passed, the seriousness of the offenses, your character and rehabilitation, any victim statements, and the impact on both your prospects and public safety. The same serious offenses (sex offenses, violent felonies, Class A felonies) are excluded.

What Sealing Does — and Doesn’t Do

Once sealed, a conviction won’t appear on standard employer or landlord background checks, and most New York employers can’t ask about it or hold it against you — doing so can be an unlawful discriminatory practice under the Human Rights Law. But it isn’t gone entirely. Law enforcement, gun-licensing agencies, certain fingerprint-based employers (childcare, eldercare, care for vulnerable adults), and immigration authorities can still see it. A sealed conviction can also still count toward enhanced penalties or as an element of a new offense in a future case — something non-citizens in particular should weigh carefully.

Which Path Fits You?

If your conviction is eligible and the waiting period has passed, Clean Slate may seal it automatically with no filing. But because of the rollout window through 2027 — and because Clean Slate excludes some offenses — a §160.59 petition can still be the faster or better option for some people. The two aren’t mutually exclusive. The most reliable first step is to pull your DCJS rap sheet and have it reviewed so you know exactly what’s on it and what qualifies.

Get Help Sealing Your Record

The interplay between the Clean Slate Act and CPL §160.59 has real nuance, and a small mistake — a wrong eligibility read or a missed county on service — can cost you time or the sealing itself. Sharifov & Associates, PLLC handles criminal record sealing throughout New York. Contact us to review your eligibility and next steps.