New York does not generally use expungement. It uses sealing. Sealed records are hidden from most background checks but not destroyed. Sealed records remain accessible to law enforcement, courts, and prosecutors.
New York now has multiple record-relief paths. Clean Slate automatically seals eligible convictions after the statutory waiting periods. No petition is required for Clean Slate. The traditional petition path remains available, but many people will use Clean Slate instead.
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 — Favorable-termination sealing
Cases terminated in your favor follow this sealing path. This includes dismissals, acquittals, and ACDs.
This path should be automatic, but some people still have to follow up with the court.
2. CPL 160.59 — Petition-based sealing of convictions
Traditional petition-based sealing becomes available after 10 years crime-free. It is limited to 2 convictions maximum, with no more than 1 felony. The court has discretion to grant or deny.
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) — Clean Slate conviction sealing
The Clean Slate Act is the biggest recent change to New York record relief. Under that path, eligible conviction records are automatically sealed:
- 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: System implementation runs through November 2027. Older convictions will be sealed on a rolling basis during that implementation window.
Who qualifies — and who does not
- Cases terminated in your favor follow the non-conviction sealing path.
- Traditional petition-based sealing is available after a long crime-free period.
- Clean Slate automatically seals eligible misdemeanors and felonies after the statutory waiting periods.
- Marijuana convictions may have a separate relief path under New York cannabis reforms.
- Youthful Offender adjudications use their own automatic sealing rules.
- Sex offenses requiring registration are excluded.
- Class A non-drug felonies are excluded from the main sealing paths.
- Pending charges, active supervision, or open matters can block sealing.
- Traditional sealing has conviction-count limits.
- Federal convictions are not controlled by New York state sealing law.
Clean Slate significantly expanded access, so older advice may now be out of date.
Waiting periods
New York's waiting periods depend on which pathway you are using. CPL 160.50 is automatic for favorable non-convictions. Traditional sealing uses a much longer petition wait. Clean Slate uses separate misdemeanor and felony clocks.
The clock starts on the date shown below — not your arrest date.
Non-conviction sealing path
Clock starts: Date of dismissal, acquittal, or ACD completion
Petition-based sealing — up to 2 convictions (CPL 160.59)
Clock starts: Date of sentencing or release from incarceration, whichever is later
Traditional sealing is limited to 2 convictions maximum, with no more than 1 felony. The court has discretion to grant or deny.
Clean Slate Act — misdemeanor convictions (automatic)
Clock starts: Date of sentencing or release from incarceration, whichever is later
Automatic sealing follows the statutory waiting periods. No petition is required.
Clean Slate Act — felony convictions (automatic)
Clock starts: Date of sentencing or release from incarceration, whichever is later
Automatic sealing follows the statutory waiting periods. Clean Slate exclusions are narrower than the traditional petition path.
Marijuana-related convictions
Clock starts: N/A
Some marijuana convictions have their own automatic relief path under New York cannabis reforms. Check your record to see whether that path already applied.
Not legal advice. This guide explains how the law generally works. Your situation may be different. A lawyer who specializes in expungement can tell you how the law applies to your specific case.
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. Court and document costs can vary, so confirm the current clerk requirements before you file. Here is the general flow.
Filing a sealing petition under CPL 160.59
Get your New York State criminal history (RAP sheet)
Agency processing time • State record fee may applyPull your court records
Clerk turnaround varies • Copy costs vary by courtDetermine which sealing pathway applies
30 minutes • FreeComplete the sealing petition (if filing under CPL 160.59)
1-2 hours • Form and filing practice vary by courtFile the petition with the court
1 day • Confirm current clerk costs with the courtDistrict Attorney review period
Prosecutor response period • FreeHearing (if required) and court decision
Court hearing time varies • Attorney costs vary if you hire counselOrder signed — DCJS updates records
Agency update window • FreeWhat to gather before filing
- New York State RAP sheet from DCJS
- 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
Document-request fees and clerk costs vary by court and pathway. If cost is a hardship, ask the court or legal aid whether a fee-waiver process is available.
What sealing does — and what it does not
- Sealed records are hidden from most background checks but not destroyed.
- Court and agency records reflect the sealing rather than continuing to act like an open public record.
- For most ordinary employment and housing screening, the sealed case stops appearing the way an open case would.
- Sealed records are hidden from most background checks but not destroyed.
- Sealed records remain accessible to law enforcement, courts, and prosecutors.
- Certain employers retain access: law enforcement agencies, firearms licensors, and agencies working with vulnerable populations
- Sealed records can still matter in some later legal or licensing contexts.
- 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 substantially once Clean Slate went live. Many older convictions will move through the automatic system over time, but the rollout continues through 2027. If you need relief sooner and qualify for the traditional petition path, that route is still available today. Use the free options guide to see which pathway fits your situation.
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