New York Criminal Record Expungement
Detailed guide to clearing criminal records in New York.
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Answer a few questions to learn what types of relief may be available, then get your auto-filled court forms.
Filing Fees
Fee waiver available for qualifying individuals
Conviction Expungement Process
- 1
Determine Your Sealing Path
Choose between Clean Slate (automatic) or CPL 160.59 (petition-based).
- 2
Clean Slate: Wait for Automatic Sealing
If eligible for Clean Slate, sealing happens automatically.
- 3
Traditional Sealing: Gather Records and Documents
If petitioning under CPL 160.59, collect all necessary documentation.
- 4
Traditional Sealing: Prepare CPL 160.59 Petition
Draft comprehensive petition for court review.
- 5
Traditional Sealing: File Petition with Court
Submit petition to the court that sentenced you.
- 6
Traditional Sealing: Serve District Attorney
Provide prosecutor with notice and opportunity to oppose.
- 7
Traditional Sealing: Attend Court Hearing
Appear before judge to argue your petition.
- 8
Traditional Sealing: Obtain Signed Order
Get certified copies of the sealing order.
- 9
Verify Records Are Sealed
Confirm all agencies have sealed your conviction records.
Arrest Record Expungement Process
- 1
Obtain Your Arrest and Court Records
Gather all documents related to your arrest and case outcome.
- 2
Verify Sealing Eligibility
Confirm your case qualifies for sealing under CPL 160.50.
- 3
Prepare CPL 160.50 Motion/Petition
Draft the legal documents to request sealing.
- 4
File Motion with Court
Submit your sealing petition to the appropriate court.
- 5
Serve Notice on District Attorney
Provide prosecutor with copies of your motion.
- 6
Attend Court Hearing (if required)
Appear in court to argue your motion (not always required).
- 7
Obtain Signed Sealing Order
Get the official court order directing sealing.
- 8
Verify Records Are Sealed
Confirm that all agencies have sealed your records.
- 9
Understand Limitations of Sealing
Know what sealing does and doesn't do for your record.
Important Notes
- CRITICAL: New York does NOT have true 'expungement' - it uses 'sealing' instead.
- Sealed records are hidden from most background checks but NOT destroyed.
- Sealed records remain accessible to law enforcement, courts, and prosecutors.
- CLEAN SLATE ACT (CPL 160.57) - Effective November 16, 2024:
- • Automatic sealing after 3 years (misdemeanors) or 8 years (eligible felonies)
- • No petition required - happens automatically
- • No limit on number of convictions
- • System implementation: November 2024 - November 2027
- • Old convictions (pre-2024) will be sealed by November 2027
- TRADITIONAL SEALING (CPL 160.59) - Enacted 2017:
- • Petition-based sealing after 10 years crime-free
- • Limited to 2 convictions maximum (max 1 felony)
- • Court has discretion to grant or deny
- • Still available but most people will use Clean Slate instead
- ARREST RECORDS (CPL 160.50):
- • Cases terminated in your favor eligible for immediate sealing
- • Includes dismissals, acquittals, ACDs
- • Should be automatic but often requires petition
- MARIJUANA OFFENSES:
- • True EXPUNGEMENT (not just sealing) available for offenses that would no longer be crimes
- • Automatic under Cannabis Law § 228
- • Applies to possession and small sales
- YOUTHFUL OFFENDER STATUS:
- • NOT a conviction
- • Automatically sealed
- • Can legally deny it occurred
- KEY EXCLUSIONS (apply to all sealing laws):
- • Violent felony offenses (PL § 70.02)
- • Sex offenses requiring registration (SORA)
- • Homicide offenses (PL Article 125)
- • Class A non-drug felonies
- • Enterprise corruption (unless underlying offense eligible)
- IMPORTANT LIMITATIONS OF SEALING:
- • NOT expungement - records still exist
- • Still visible to law enforcement and courts
- • May still appear on FBI background checks
- • Can be used for sentencing in future cases
- • May need to disclose for security clearances
- • Can be unsealed for certain purposes
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult with a qualified attorney in New York for advice specific to your situation.