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New York Clean Slate Law: Automatic Sealing (2026)

Clean Slate Act (S.7551A/A.1029C, signed November 16, 2023), codified at Criminal Procedure Law § 160.57

Last updated: (official sources checked)Enacted — not yet operating

Quick Answer

New York's Clean Slate Act took effect November 16, 2024. It seals misdemeanor convictions 3 years and felony convictions 8 years after release from incarceration (or sentencing, if there was no incarceration), once supervision has ended and no New York charge is pending. Sex offenses and non-drug Class A felonies such as murder are excluded.

The courts are still building the sealing system and have until November 16, 2027 to seal older eligible convictions; the state warns criminal history reports will keep showing them until then. If you do not want to wait, a separate law lets you apply to seal up to two convictions (no more than one felony) after 10 years.

Is it operating yet?

As of 2026-10-12, implementation is still in progress. The statute requires the Office of Court Administration (OCA) to finish sealing eligible convictions entered on or before the November 16, 2024 effective date no later than three years after that date, which is November 16, 2027. DCJS states that until OCA implements the sealing processes, criminal history records provided through its Records Review process will continue to include convictions that will eventually be sealed under Clean Slate, and that DCJS cannot seal records until it receives a court order to do so.

Sources: NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(6)); NYS DCJS: Request Your New York State Criminal History (New York State's Clean Slate Act section)

The law

Governor Hochul signed the Clean Slate Act (S.7551A/A.1029C) on November 16, 2023. It took effect one year later, on November 16, 2024, and gave the Office of Court Administration up to three years from that date to implement sealing.

Sources: Office of the Governor press release (Nov. 16, 2023): Governor Hochul ... Signing the Clean Slate Act (dateline; first paragraph; implementation paragraph); NYS DCJS: Request Your New York State Criminal History (New York State's Clean Slate Act section)

What automatic sealing does

Sealing, not expungement or destruction. When a conviction is sealed, the Office of Court Administration notifies DCJS, the court of conviction, county clerks, police and prosecutors, and their records of the conviction are marked as sealed. Sealed records may be accessed only by the people and entities the statute lists. A sealed conviction still counts as a prior conviction for sentence enhancement in a later criminal case. DNA and DMV records are not sealed, and fines, restitution and active orders of protection are unaffected.

Sources: NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(1) (section heading and opening); § 160.57(1)(d)(vii)); NY Legislature (LBDC) Laws of New York: Judiciary Law § 212 (§ 212(2)(dd)); NY Legislature (LBDC) Laws of New York: Executive Law § 296 (§ 296(16))

Records covered and waiting periods

Driving while ability impaired convictions (VTL § 1192(1), a traffic infraction)

Waiting period
3 years
Conditions
The statute says these convictions are sealed after three years. That paragraph does not state the event that starts the three years.

Sources: NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(1)(a)); NY Legislature (LBDC) Laws of New York: Vehicle and Traffic Law § 1193 (§ 1193(1)(a))

Misdemeanor convictions

Waiting period
At least 3 years from release from incarceration, or from sentencing if there was no incarceration
Conditions
No pending New York criminal charge; not under probation or parole supervision for the conviction; not a defined sex offense; the defendant is a natural person. A new crime conviction before sealing restarts the clock.

Source: NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(1)(b)(i); § 160.57(1)(b)(i)-(ii); § 160.57(1)(b)(iii)-(iv); § 160.57(1)(b)(vii)-(viii))

Felony convictions (including Penal Law Article 220 Class A drug felonies)

Waiting period
At least 8 years from the last release from incarceration for the sentence, or from sentencing if there was no incarceration
Conditions
Same conditions as misdemeanors. Detention for an alleged parole or post-release supervision violation does not stop the clock unless supervision is revoked and the person is reincarcerated. Non-drug Class A felonies and sex offenses are excluded.

Source: NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(1)(b)(ii); § 160.57(1)(b)(iii)-(iv); § 160.57(1)(b)(vi))

Not cleared automatically

How to check whether your record was cleared

  • Request your own New York criminal history from DCJS by fingerprinting. Service code 15465F gives an unsuppressed record that includes sealed records; 15464Z gives a suppressed record that leaves sealed information out. DCJS warns that until OCA implements Clean Slate, its records will still show convictions that will eventually be sealed.

    Source: NYS DCJS: Request Your New York State Criminal History (How to Request Your Criminal History: Living in New York State; Basic Information: unsuppressed vs. suppressed responses; New York State's Clean Slate Act section)

  • If a conviction should have been sealed but was not (including when court records are lost or destroyed), the law requires OCA to provide a standardized notification form. After a valid form is received, the conviction must be sealed within 30 days.

    Sources: NY Legislature (LBDC) Laws of New York: Judiciary Law § 212 (§ 212(2)(dd)); NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(1)(e))

  • If a conviction was ineligible only because of a pending charge, ongoing supervision or an out-of-state matter, OCA must recheck eligibility at least quarterly once the waiting period has passed.

    Source: NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(1)(c))

Who can still see a cleared record

If automatic relief does not cover your record

If Clean Slate does not cover the conviction, CPL § 160.59 lets a person apply to the court of the most serious conviction to seal up to two eligible offenses (no more than one felony) after ten years. The district attorney has 45 days to object, the court holds a hearing if the application is opposed, and the judge decides in its discretion. Clean Slate sealing also does not prevent a motion for other relief under CPL Article 440.

Sources: NY Legislature (LBDC) Laws of New York: CPL § 160.59 (§ 160.59(2)(a); § 160.59(5); § 160.59(2)(c); § 160.59(6); +1 more); NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(5))

New Yorkexpungement and sealing guide — every route by record type →

Official links

Frequently Asked Questions

Has my old conviction already been sealed under Clean Slate?
Not necessarily. The court system has until November 16, 2027 to finish sealing convictions entered on or before the law's effective date, and DCJS says its criminal history records will keep showing convictions that will eventually be sealed until the court system implements sealing. Check your own DCJS record rather than assuming.

Sources: NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(6)); NYS DCJS: Request Your New York State Criminal History (New York State's Clean Slate Act section)

Do I have to apply for Clean Slate sealing?
No application is required; the law says qualifying convictions shall be sealed. If a conviction should have been sealed but was not, the law requires a standardized court-system form, and after a valid form is received the conviction must be sealed within 30 days.

Sources: NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(1) (section heading and opening); § 160.57(1)(e)); NY Legislature (LBDC) Laws of New York: Judiciary Law § 212 (§ 212(2)(dd))

Does a new conviction restart the waiting period?
Yes. If you are convicted of a new crime before an earlier conviction is sealed, the clock for the earlier conviction restarts on the same date as the clock for the new conviction.

Source: NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(1)(b)(i)-(ii))

Can employers and landlords still see or ask about a sealed conviction?
Under Executive Law § 296(16), it is generally unlawful to ask about or act against a person based on a conviction sealed under Clean Slate in licensing, housing, employment, credit or insurance. The exceptions are fingerprint-based checks required by law, checks authorized for jobs with vulnerable populations, and State Education Department professional licensing.

Sources: NY Legislature (LBDC) Laws of New York: Executive Law § 296 (§ 296(16)); NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(1)(d)(vii); § 160.57(1)(d)(viii))

Is a DWAI (driving while ability impaired) covered?
Yes. Convictions under VTL § 1192(1) are sealed after three years under Clean Slate. Clean Slate does not seal or destroy Department of Motor Vehicles records.

Source: NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(1)(a); § 160.57(3)(b))

I am still on parole or probation. Will my conviction be sealed?
No. A conviction cannot be sealed before the sentence of incarceration, parole, probation or post-release supervision for it ends.

Source: NY Legislature (LBDC) Laws of New York: CPL § 160.57 (§ 160.57(8); § 160.57(1)(b)(iii)-(iv))

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This is informational only, not legal advice. Whether a particular record qualifies depends on the exact offense, sentence, dates and later cases. Confirm with the court, the state records agency or a legal aid office before relying on a record being cleared.

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