New York Record Sealing: Clean Slate Act, CPL 160.50, and CPL 160.59
New York seals records, not expunges. The 2024 Clean Slate Act adds automatic sealing. Learn CPL 160.50 and 160.59.
New York does not have expungement. It has sealing. When a record is sealed in New York, it is hidden from public view — employers, landlords, and most background check companies cannot see it. But the record is not destroyed. It still exists in the system, and law enforcement, certain government agencies, and some licensing boards retain access.
That said, New York has become one of the most progressive states in the country for record relief. The Clean Slate Act, which took effect on November 16, 2024, created automatic sealing for eligible convictions — no petition required. Combined with the existing CPL 160.50 (automatic sealing of non-convictions) and CPL 160.59 (petition-based sealing of up to 2 convictions), New Yorkers now have three separate pathways to seal their records. If you looked at your options before November 2024, the landscape has changed dramatically.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
New York's three sealing pathways
1. CPL 160.50 — Automatic sealing of non-convictions
This has been the law since 1976. When a criminal case in New York ends in your favor — charges dismissed, acquittal, adjournment in contemplation of dismissal (ACD) completed — the record is automatically sealed. You do not need to file anything. The court is supposed to seal the record on its own. Your arrest is treated as a nullity, meaning legally, it is as if the arrest never happened.
In practice, CPL 160.50 sealing does not always happen immediately. If your case was dismissed and the record still shows up on background checks, you may need to contact the court to confirm the sealing was processed. But legally, the sealing is automatic.
2. CPL 160.59 — Petition-based sealing of convictions
Enacted in 2017, CPL 160.59 allows people to petition the court to seal up to two convictions (maximum one felony). The waiting period is 10 years from sentencing or release from incarceration, whichever is later. No new convictions during that period. Sex offenses and certain violent felonies are excluded.
This remains a valuable option, especially for people who have already waited 10+ years and want to act now rather than waiting for the Clean Slate Act's automatic process to be fully implemented.
3. Clean Slate Act (CPL 160.57) — Automatic sealing of convictions
The Clean Slate Act took effect November 16, 2024, and it is the most significant change to New York record relief in decades. Under the Act, eligible conviction records are automatically sealed — no petition required — after:
- 3 years for misdemeanor convictions (from sentencing or release, whichever is later)
- 8 years for felony convictions (from sentencing or release, whichever is later)
The person must not be on probation, parole, or post-release supervision, and must not have any pending criminal cases. The Act covers most convictions — including drug-related Class A felonies, which are excluded from CPL 160.59 — but excludes sex offenses and non-drug Class A felonies (murder, etc.).
Important timing note: The Unified Court System has until November 2027 to fully implement the automatic sealing process. Sealing will happen on a rolling basis as the system is built out. If you may be eligible and do not want to wait, filing a CPL 160.59 petition (if eligible) is the faster route right now.
Who qualifies — and who does not
May qualify
- Non-convictions (dismissed, acquitted, ACD completed) — automatic under CPL 160.50
- Up to 2 eligible convictions (max 1 felony) after 10 years — petition under CPL 160.59
- Misdemeanor convictions 3+ years old — Clean Slate Act (automatic, being implemented)
- Felony convictions 8+ years old — Clean Slate Act (automatic, being implemented)
- Drug-related Class A felonies — eligible under Clean Slate Act
- Marijuana offenses reclassified or vacated under MRTA (2021)
- Violations and infractions (not technically criminal convictions in NY)
- Youthful Offender adjudications — already sealed at disposition
Generally does not qualify
- Sex offenses requiring registration on the Sex Offender Registry
- Non-drug Class A felonies (murder, first-degree kidnapping, first-degree arson)
- Any case where you are currently on probation, parole, or post-release supervision
- Any case with pending criminal charges (misdemeanor or felony)
- Under CPL 160.59: more than 2 convictions total, or more than 1 felony
- Federal convictions (state law does not apply to federal records)
New York's Clean Slate Act dramatically expanded who qualifies. If you were told your record could not be sealed before November 2024, check again. The law changed.
Waiting periods
New York's waiting periods depend on which pathway you are using. CPL 160.50 is automatic with no waiting period for non-convictions. CPL 160.59 requires 10 years. The Clean Slate Act requires 3 years for misdemeanors and 8 years for felonies.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Automatic sealing — non-convictions (CPL 160.50)
Clock starts: Date of dismissal, acquittal, or ACD completion
When a criminal case terminates in your favor (dismissed, acquitted, ACD completed), the record is automatically sealed. No petition needed.
Petition-based sealing — up to 2 convictions (CPL 160.59)
Clock starts: Date of sentencing or release from incarceration, whichever is later
Allows sealing of up to 2 convictions (max 1 felony). Must have no new convictions during the 10-year period. Sex offenses and certain violent crimes excluded.
Clean Slate Act — misdemeanor convictions (automatic)
Clock starts: Date of sentencing or release from incarceration, whichever is later
New as of November 2024. Automatic — no petition needed. Must not be on probation, parole, or post-release supervision. No pending criminal cases.
Clean Slate Act — felony convictions (automatic)
Clock starts: Date of sentencing or release from incarceration, whichever is later
New as of November 2024. Automatic — no petition needed. Same supervision and pending-case requirements apply. Sex offenses and Class A non-drug felonies excluded.
Marijuana-related convictions
Clock starts: N/A
Under the Marijuana Regulation and Taxation Act (2021), certain marijuana convictions were automatically expunged or vacated. Check your record to see if this already applied.
How to file for sealing under CPL 160.59
If you want to seal your record now and do not want to wait for the Clean Slate automatic process, filing a CPL 160.59 petition is the active route. There is no filing fee, and the process is designed for people to navigate without a lawyer. Here is how it works.
Filing a sealing petition under CPL 160.59
- 1
Get your New York State criminal history (RAP sheet)
2-4 weeks$65Request your official criminal history from the New York State Division of Criminal Justice Services (DCJS). This is your fingerprint-based record showing every arrest and conviction in New York. Order by submitting a request through the DCJS website at criminaljustice.ny.gov or visit a designated location for fingerprinting.
New York uses a fingerprint-based record system. Your RAP sheet may show things that court records do not — and vice versa. Get both.
- 2
Pull your court records
1-5 daysVaries, typically $5-$15 per documentGet the case records from the court where you were convicted. You need the case number, conviction date, charges, and sentence. New York court records are searchable through the eCourts system at iapps.courts.state.ny.us/webcivil. For criminal cases, you may need to visit the clerk in person.
- 3
Determine which sealing pathway applies
30 minutesFreeNew York has three pathways: (1) CPL 160.50 automatic sealing for non-convictions — check if this already happened; (2) CPL 160.59 petition for up to 2 convictions after 10 years; (3) Clean Slate Act automatic sealing after 3 or 8 years. If you may be eligible for automatic sealing under Clean Slate, you may not need to file anything — but the court system has until November 2027 to implement the full automatic process.
If you may be eligible for both CPL 160.59 and Clean Slate, the petition route under 160.59 may be faster if you have already waited 10 years. The Clean Slate automatic process is still being implemented.
- 4
Complete the sealing petition (if filing under CPL 160.59)
1-2 hoursFreeDownload the sealing application from the New York Courts website at nycourts.gov/FORMS/criminal-record-sealing.shtml. The form asks for your personal information, case details (up to 2 convictions), and a statement about why sealing is in the interest of justice. Fill it out completely.
You can include up to 2 convictions on one petition (maximum 1 felony). If you have more than 2 convictions, the Clean Slate Act may be a better pathway when fully implemented.
- 5
File the petition with the court
1 day$0 — no filing fee for sealing petitions in New YorkFile your completed petition with the court where you were convicted. There is no filing fee for CPL 160.59 sealing petitions in New York. The clerk will accept your filing and notify the District Attorney.
- 6
District Attorney review period
45 daysFreeThe DA is notified and has 45 days to respond. The DA may consent, oppose, or take no position. If the DA opposes, the court schedules a hearing. If the DA does not respond, the court may rule on the paperwork alone.
- 7
Hearing (if required) and court decision
30-60 minutesFree (attorney fees separate if hired)If the DA opposes or the court wants more information, a hearing is scheduled. The judge considers your criminal history, the time since conviction, your conduct since, evidence of rehabilitation, and the impact of the conviction on your life. The judge has discretion to grant or deny.
Bring evidence of your life since the conviction: employment records, education, community involvement, letters of support. The judge weighs the totality of your situation.
- 8
Order signed — DCJS updates records
30-60 days for DCJS to updateFreeIf the court grants sealing, the order is sent to DCJS, which updates the state criminal history database. Sealed records are no longer visible on standard background checks. The court record is sealed. Keep a copy of the court order.
Private background check companies should update within 90 days. After that, run a background check on yourself and dispute any lingering records directly with the company.
What to gather before filing
- New York State RAP sheet from DCJS ($65 from criminaljustice.ny.gov)
- Court records from the court of conviction — case number, charges, sentence, date
- Completed sealing application from nycourts.gov/FORMS/criminal-record-sealing.shtml
- Proof of rehabilitation: employment records, education, community involvement, letters of support
- Government-issued photo ID
- Certificate of Disposition from the court (showing conviction and sentence details)
- Two copies of everything
New York has no filing fee for CPL 160.59 sealing petitions. The main cost is the $65 RAP sheet. If that is a financial hardship, legal aid organizations may be able to help.
What sealing does — and what it does not
- Sealed records do not appear on standard background checks used by most employers and landlords
- Under the Clean Slate Act, employers must provide individualized notice if they intend to deny based on criminal history
- You may legally answer "no" to most questions about criminal convictions for sealed records
- Court records are sealed — the public cannot access them
- DCJS updates the state criminal history database to reflect the sealing
- Sealed records are NOT destroyed — they still exist in the system
- Law enforcement, prosecutors, and courts retain full access to sealed records
- Certain employers retain access: law enforcement agencies, firearms licensors, and agencies working with vulnerable populations
- Sealed records can be considered in subsequent criminal proceedings
- Federal records (FBI databases) are not affected by state sealing orders
- Professional licensing boards for certain professions may still access sealed records
- Immigration consequences under federal law are not resolved by state sealing
- Private background check companies may take time to update — dispute lingering records directly
Despite these limits, sealing removes the conviction from the searches that most employers, landlords, and lenders actually run. For most people in most situations, that is what matters.
Free and low-cost legal help in New York
- Legal Aid Society (NYC) — free legal help: legal-aid.org or call 212-577-3300
- Legal Assistance of Western New York — serves Western NY: lawny.org
- Legal Services NYC — serves all five NYC boroughs: legalservicesnyc.org
- The Legal Project — serves the Capital District: legalproject.org
- Clean Slate NY — resources and information about the Clean Slate Act: cleanslateny.org
- New York Courts Record Sealing Information — nycourts.gov/FORMS/criminal-record-sealing.shtml
- Community Service Society of New York — advocacy and resources: cssny.org
- New York State Bar Association Lawyer Referral Service: nysba.org
The Legal Aid Society in NYC has dedicated staff for record sealing and has extensive experience with CPL 160.59 petitions. They can help determine which pathway is best for your situation.
New York's record sealing landscape changed fundamentally in November 2024. The Clean Slate Act means that many people with old convictions will eventually have their records sealed automatically — no petition, no fee, no court appearance. But the full rollout takes until 2027, and if you need relief now, the CPL 160.59 petition route is available today. Use the free options guide to see which pathway fits your situation.
Ready to file? We handle the paperwork.
Pre-filled court forms, step-by-step checklist, text reminders at every milestone. $149.