How to Seal Criminal Record in New York

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. 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:

• Eligible misdemeanor criminal convictions are subject to automatic sealing only when all CPL § 160.57 conditions are met. The waiting period is at least three years from release from incarceration, or from imposition of sentence if there was no incarceration; a subsequent conviction before sealing resets the calculation.
• Eligible felony criminal convictions are subject to automatic sealing only when all CPL § 160.57 conditions are met. The waiting period is at least eight years from the last release from incarceration for that conviction’s sentence, or from imposition of sentence if there was no incarceration; a subsequent conviction before sealing resets the calculation.

For context on how the original misdemeanor disposition affects later sealing analysis, see the firm’s New York misdemeanor defense guide.

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.

The Unified Court System has until November 16, 2027 to complete sealing of eligible pre-effective-date convictions. As of September 24, 2026, UCS says the standardized Clean Slate review form will be published no later than November 16, 2027. Once OCA receives a valid statutory form for a conviction that should have been sealed, CPL § 160.57 requires sealing within 30 days.

2. By petition, under CPL §160.59

CPL § 160.59 remains a court-application route. A person may apply to seal no more than two eligible New York convictions, with no more than one felony, if at least ten years have run from the latest sentence or, where applicable, the latest release from incarceration; later incarceration after the conviction extends the calculation. A pending charge, a later conviction, more than two crimes or more than one felony, sex-offender-registration status, and statutory offense exclusions can bar relief. Sealing is discretionary: the judge considers the statutory factors, including rehabilitation and public safety.

A typical CPL § 160.59 application includes certificates of disposition or an explanation for their absence, sworn statements addressing the statutory requirements and why the court should grant relief, and supporting evidence of rehabilitation, such as work, school, or community involvement. It is filed in the court of the most serious conviction—or, if the convictions have the same classification, the most recent conviction—and served on each District Attorney where a conviction was obtained. The DA has 45 days to notify the court of an objection; if an otherwise eligible application is opposed, the court must hold a hearing. This discretionary process generally permits sealing of up to two eligible convictions, with no more than one felony, after at least 10 years from sentencing or the latest release from incarceration, subject to statutory exclusions and restrictions for pending charges and later convictions. CPL § 160.59

Cases That Ended in Your Favor Are Sealed Automatically

The Clean Slate Act and CPL § 160.59 deal with convictions. When a criminal case ends in your favor — for example, with a dismissal, an acquittal, or an adjournment in contemplation of dismissal (ACD) that is dismissed at the end of its period without being restored — the records are generally sealed automatically under CPL § 160.50. You do not need to apply.

If the case ended with a plea to a non-criminal violation, such as disorderly conduct, or to a traffic infraction, the records held by the police, the prosecutor, and the state are generally sealed under CPL § 160.55. The court’s own record of the violation is not sealed under this rule, and driving while ability impaired (DWAI) is excluded.

Many past marijuana convictions were automatically expunged under New York’s 2021 Marihuana Regulation and Taxation Act — one of the few situations in which New York law provides for expungement rather than sealing.

What Sealing Does — and Doesn’t Do

Sealing restricts access under New York law, but it is not the same as expungement and does not by itself erase a federal immigration consequence. New York law permits specified access to sealed records, and a federal immigration form or proceeding may lawfully require disclosure or supporting records. For immigration purposes, the key questions are whether the disposition meets the INA definition of conviction and, if a judgment was vacated, whether the reason was a substantive or procedural defect rather than rehabilitation or a desire to avoid immigration consequences. A sealed record may therefore remain material in an immigration matter. Official source

Which Path Fits You?

If a conviction meets CPL § 160.57’s conditions, Clean Slate sealing occurs automatically without a filing, subject to the statute’s implementation process. CPL § 160.59 is a separate, discretionary petition route, but it is not a general workaround for convictions excluded from Clean Slate: it has its own offense exclusions, a limit of two eligible convictions with no more than one felony, a ten-year waiting-period calculation, and bars for pending charges and later convictions. A record review can identify which, if any, route applies to each conviction.

How to Check What Is on Your Record

Before applying to seal a conviction, or to confirm what is on file, you can request a copy of your own New York criminal history record from the Division of Criminal Justice Services through its Personal Record Review process, which requires fingerprinting. The record lists the arrests and dispositions on file with the state, which helps an attorney identify which cases may qualify for sealing and whether any errors need to be corrected.

We help clients with record sealing at our Brooklyn office, at our Hempstead office, and by video. If you have an open case, see our article on the difference between a felony and a misdemeanor.

Get Help Sealing Your Record

The interaction between Clean Slate and CPL § 160.59 is fact-specific. An eligibility error or incomplete application can delay a petition. For a CPL § 160.59 application, the statute requires service on the district attorney of each county where the convictions were obtained. Sharifov & Associates, PLLC handles criminal record sealing throughout New York. Contact us to review your eligibility and next steps.