New York (NY) — Expungement & Record Clearing
New York uses record sealing, not expungement. Under CPL § 160.59, you can petition to seal up to 2 convictions (max 1 felony) after 10 years. There is no filing fee, but attorney costs range from $1,500–$5,000, and the process takes several months. Sex offenses, violent felonies, and Class A felonies are ineligible. New York’s Clean Slate Act (CPL § 160.57, enacted November 2024) will automatically seal eligible misdemeanors after 3 years and felonies after 8 years — full implementation expected by November 2027. Below is the full guide with eligibility, step-by-step process, costs, timeline, and FAQ.
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Overview
New York uses record sealing rather than expungement — convictions are sealed from public view but not destroyed. Under CPL § 160.59, individuals with up to two convictions (no more than one felony) can petition to have records sealed after 10 years. New York also enacted the Clean Slate Act (CPL § 160.57) in November 2024, which provides automatic sealing of eligible convictions after 3 years (misdemeanors) or 8 years (felonies). Full implementation is expected by November 2027.
Official term: Record Sealing (CPL § 160.59) — New York does not offer true expungement (record destruction). Instead, it uses "sealing" which hides records from most public searches. The Clean Slate Act adds an automatic sealing pathway.
Who qualifies
- ✓No more than 2 convictions total (only 1 may be a felony)
- ✓10 years since the sentence was completed or release from incarceration (whichever is later)
- ✓No pending criminal charges
- ✓Not currently under supervision (probation, parole)
- ✓Misdemeanor and non-violent felony convictions
- ✓Drug offenses (non-violent)
Who does not qualify
- ✗Sex offenses (Article 130 offenses, sex trafficking)
- ✗Violent felonies as defined in Penal Law § 70.02
- ✗Class A felonies (e.g., murder, first-degree kidnapping, drug kingpin charges)
- ✗Conspiracy or attempt to commit any ineligible offense
- ✗More than 2 total convictions
- ✗More than 1 felony conviction
- ✗Currently under criminal justice supervision
Waiting Periods
| Misdemeanor conviction (petition-based sealing) | 10 years after sentence completion or release |
| Felony conviction (petition-based sealing) | 10 years after sentence completion or release |
| Misdemeanor conviction (Clean Slate automatic) | 3 years after sentence completion |
| Felony conviction (Clean Slate automatic) | 8 years after sentence completion |
Step-by-Step Process
Obtain Certificate of Disposition
Request a Certificate of Disposition from the court where your case was decided. This document shows the charges, plea, and outcome for each case. You will need one for every conviction you want sealed.
Verify eligibility
Confirm you have no more than 2 convictions (max 1 felony), at least 10 years have passed since completing your sentence, you have no pending charges, and none of your offenses are excluded (sex offenses, violent felonies, Class A felonies).
Complete the sealing application
Fill out the Application for Sealing under CPL § 160.59. Include your Certificate(s) of Disposition, a sworn statement about your criminal history, and supporting materials demonstrating rehabilitation.
File and serve the District Attorney
File the application with the court where the conviction occurred. Serve the District Attorney's office with a copy. The DA has 45 days to respond or object.
Court hearing and decision
The court may schedule a hearing, especially if the DA objects. The judge considers factors including the severity of the offense, time elapsed, rehabilitation efforts, and the impact of sealing on public safety.
Order issued and records sealed
If the court grants the application, a sealing order is issued. Court records, arrest records, and prosecution records are sealed from public view. The sealed records will not appear on most background checks.
Visual Guide
Clean Slate Act (CPL § 160.57) — Automatic Sealing
The Clean Slate Act (CPL § 160.57), enacted in November 2024, creates an automatic sealing process for eligible convictions. Misdemeanors are automatically sealed 3 years after the sentence is completed; felonies are sealed after 8 years. Full implementation is expected by November 2027. No petition is required — the state will identify and seal eligible records automatically.
| Scenario | Sealed When |
|---|---|
| Eligible misdemeanor conviction | Automatically sealed 3 years after sentence completion |
| Eligible felony conviction | Automatically sealed 8 years after sentence completion |
| Full implementation of automatic system | Expected by November 2027 |
Costs
- Filing fee
- No filing fee for sealing applications under CPL § 160.59
- Fee waiver
- N/A — no filing fee
- Attorney (optional)
- $1,500–$5,000 typical range
While there is no court filing fee, the process is complex enough that most applicants benefit from hiring an attorney. Legal aid organizations in New York may provide free assistance.
Timeline
- With attorney
- 3–6 months
- Standard
- Several months to over a year
Timeline varies by county and court backlog. The DA's 45-day response period and potential hearing scheduling add time.
What expungement does
- ✓Removes conviction from most public background checks
- ✓Allows you to legally deny the conviction on most job applications
- ✓Sealed records are not available to most employers or landlords
- ✓Improves access to housing, employment, and educational opportunities
- ✓Records are hidden from commercial background check companies
What expungement does NOT do
- ✗Does NOT destroy the record — it still exists in a sealed form
- ✗Law enforcement agencies retain full access to sealed records
- ✗Certain licensing boards (medical, law, education) can still access sealed records
- ✗Firearms dealers and licensing agencies can access sealed records
- ✗Federal background checks may still reveal the conviction
- ✗Does NOT seal records from immigration authorities (ICE/USCIS)
Other Relief Options in New York
Certificate of Relief from Disabilities (CRD)
Removes automatic bars to employment and licensing caused by a conviction. Available for individuals with one or more misdemeanor convictions and no more than one felony.
Certificate of Good Conduct
Similar to a CRD but available for individuals with more serious records (multiple felonies). Requires a waiting period of 1–5 years depending on the offense.
Governor's Pardon
The Governor can grant a pardon which restores certain rights, including the right to vote (automatically restored upon release in NY) and may help with immigration consequences.
Frequently Asked Questions
- Does New York have expungement?
- No. New York uses record sealing, not expungement. Sealing hides the record from public view but does not destroy it. Under CPL § 160.59, eligible individuals can petition to seal up to 2 convictions. The Clean Slate Act (CPL § 160.57) will provide automatic sealing for many convictions once fully implemented by November 2027.
- What is the New York Clean Slate Act?
- The Clean Slate Act (CPL § 160.57), enacted in November 2024, creates automatic sealing of eligible criminal convictions. Misdemeanors are sealed 3 years after sentence completion; felonies after 8 years. The state identifies and seals eligible records without requiring a petition. Full implementation is expected by November 2027.
- How many convictions can I seal in New York?
- Under CPL § 160.59, you can seal up to 2 convictions total, but no more than 1 may be a felony. The Clean Slate Act does not have this numerical limitation — it covers the entire eligible record once the waiting period has passed.
- How long do I have to wait to seal my record in New York?
- For petition-based sealing under CPL § 160.59, you must wait 10 years from when you completed your sentence or were released from incarceration. Under the Clean Slate Act, the wait is 3 years for misdemeanors and 8 years for felonies.
- How much does record sealing cost in New York?
- There is no court filing fee for sealing applications under CPL § 160.59. However, attorney fees typically range from $1,500 to $5,000. Legal aid organizations across New York may provide free assistance to those who qualify.
- Can violent felonies be sealed in New York?
- No. Violent felonies as defined in Penal Law § 70.02, sex offenses, and Class A felonies are not eligible for sealing under either CPL § 160.59 or the Clean Slate Act.
- Who can still see my sealed record in New York?
- Law enforcement agencies, certain professional licensing boards (medical, legal, education), firearms dealers and licensing agencies, and some government entities can still access sealed records. The record is hidden from most private employers, landlords, and the general public.
Video Guides
Take Action — Direct Links
- Download Sealing Application (CPL § 160.59)
Official New York State Courts page with the CPL 160.59 sealing application form, checklist, and filing instructions.
- Request Your Criminal Record (NY DCJS)
Request a personal review of your New York State criminal history (rap sheet) from the Division of Criminal Justice Services.
- The Legal Aid Society — Case Closed Project
Free record sealing representation from The Legal Aid Society — the largest provider of CPL 160.59 sealing services in New York State.
- NY CourtHelp: Sealed Criminal Records
New York State Courts self-help guide explaining record sealing eligibility, the Clean Slate Act, and how to apply.
- CPL § 160.59 — Full Statute Text
Official full text of New York Criminal Procedure Law Section 160.59 (sealing of certain convictions) on the NY Senate website.