New York Expungement and Record-Sealing Laws
Having a criminal record can continue to cause problems long after a case is finished. Someone may have completed probation, paid a fine, or served a sentence years ago, yet still worry about a background check when applying for a job, apartment, professional license, or other opportunity.
New York law provides several ways certain criminal records can be sealed, although it is important to understand that sealing is not always the same thing as expungement. New York’s newer Clean Slate Act also provides for automatic sealing of certain eligible convictions after specific waiting periods.
Is Expungement the Same as Sealing in New York?
Not exactly.
Expungement generally refers to removing or destroying a criminal record so that it is treated as though it no longer exists.
Sealing is different. A sealed record still exists, but access to it is restricted. New York’s Attorney General explains that a sealed conviction generally will not appear on a public criminal-record search, although certain government agencies and other authorized entities can still access it.
This distinction is important because people sometimes say they want to “expunge” their record when what they may actually qualify for under New York law is record sealing.
What Is New York’s Clean Slate Act?
New York’s Clean Slate Act created automatic sealing for certain eligible criminal convictions.
The law took effect on November 16, 2024, although implementation of eligible records occurs over time.
Under the Clean Slate framework, eligible misdemeanor convictions generally become subject to automatic sealing after three years, while eligible felony convictions generally become subject to automatic sealing after eight years, provided the applicable conditions are satisfied.
This can be important for people who completed their sentences years ago but still have concerns about the public availability of their criminal history.
Does Clean Slate Erase a Criminal Record?
No.
This is one of the biggest misunderstandings about the law.
The Clean Slate Act seals qualifying records; it does not completely erase or destroy them. Certain agencies and organizations can still access sealed records for specific purposes, including certain law-enforcement, licensing, employment, and firearm-related matters.
So a person should not assume that a sealed conviction disappears from every government database.
Who May Qualify for Automatic Sealing?
Eligibility depends on the conviction, the person’s subsequent criminal history, and other requirements.
Generally, the Clean Slate Act requires the person to complete the applicable waiting period and remain free from disqualifying new criminal activity. The person also cannot have certain pending matters or remain under applicable probation or parole supervision when the sealing requirements are evaluated.
Certain serious offenses are excluded.
For example, the Clean Slate Act does not provide automatic sealing for certain Class A felonies and offenses requiring sex-offender registration.
What About Older Convictions?
An older conviction doesn’t necessarily mean you have to wait another full period before exploring your options.
New York already had a separate record-sealing process under Criminal Procedure Law § 160.59. Under that law, an eligible person with no more than two convictions may be able to apply to seal qualifying convictions after the required 10-year period. Generally, no more than one of those convictions may be a felony.
There are also restrictions on the types of offenses that can be sealed.
For example, certain violent felonies, Class A felonies, homicide felonies, sex offenses, and other specified offenses are excluded from CPL § 160.59 sealing.
What Is CPL § 160.59?
CPL § 160.59 is one of New York’s primary laws allowing eligible people to apply for sealing of certain convictions.
According to the New York Attorney General, eligibility generally requires:
- No more than two criminal convictions, subject to exceptions for related incidents
- No more than one felony conviction
- At least 10 years since the applicable sentencing or incarceration date
- No open criminal case
- No requirement to register as a sex offender
- The conviction must not be one of the specifically excluded offenses
Unlike automatic Clean Slate sealing, this process generally requires the individual to apply to the court.
Can Drug-Related Convictions Be Sealed?
Potentially.
New York has a separate conditional-sealing procedure under CPL § 160.58 for certain drug-related convictions.
Generally, the person must have successfully completed a qualifying court-recognized substance-abuse treatment program, completed the sentence imposed by the court, and have no other pending charges.
This type of sealing is conditional. If the person is subsequently arrested for another misdemeanor or felony, the old records can become unsealed under the circumstances described by the law.
What Happens to a Sealed Record?
A sealed conviction generally becomes unavailable to the general public.
That can make a major difference when someone is applying for ordinary employment or housing.
However, sealing does not mean that every person and agency loses access.
New York’s Attorney General explains that certain law-enforcement and government agencies can still access sealed records for authorized purposes.
For example, certain law-enforcement, immigration, probation, and firearm-licensing purposes can involve access to sealed information.
Can Employers See a Sealed Conviction?
Ordinary employers generally cannot access a conviction that has been properly sealed through the applicable New York process.
However, there are exceptions for certain employment situations, including some law-enforcement positions and jobs involving fingerprint-based background checks or work with vulnerable populations.
The Clean Slate Act also preserves access for certain employment and licensing situations where criminal background information is legally required.
What About Housing?
A criminal record can make finding housing more difficult.
New York’s record-sealing laws are designed in part to help people move forward after completing their sentences.
The New York State Division of Human Rights notes that the Clean Slate Act also amended the Human Rights Law to provide protections relating to discrimination based on certain sealed criminal records.
Still, the exact situation can depend on the type of record and the housing provider’s legal obligations.
Can Immigration Officials See a Sealed Record?
This is an especially important question for non-U.S. citizens.
Sealing a New York conviction does not necessarily make the conviction disappear for immigration purposes.
The New York Attorney General specifically warns that sealing under CPL § 160.59 does not seal the conviction for immigration purposes.
If you have a green card, visa, asylum case, or another immigration status, speak with an immigration attorney before assuming that sealing eliminates the immigration consequences of a conviction.
What About an Arrest That Did Not Lead to a Conviction?
This situation can be different from a conviction.
New York provides for automatic sealing of certain cases that end in outcomes such as dismissal, acquittal, or a non-criminal disposition.
However, if you are unsure whether an arrest was properly sealed, obtaining your criminal record can help determine what is actually appearing in the state’s records.
How Can You Check Your Criminal Record?
New York maintains criminal history information through the Division of Criminal Justice Services (DCJS).
A RAP sheet, or Record of Arrest and Prosecution, contains information about arrests, prosecutions, and dispositions. The New York Department of Labor explains that people can obtain their own RAP sheet to understand what information is recorded and what may appear in certain background checks.
Getting your own record can be a useful first step before deciding whether you need to pursue sealing.
What If I Am Not Eligible for Sealing?
Not qualifying for record sealing doesn’t necessarily mean you’re out of options.
New York provides other certificates that may help with certain consequences of a criminal conviction.
A Certificate of Relief from Disabilities or Certificate of Good Conduct may help lift certain employment or licensing restrictions, although the underlying conviction remains part of the public record.
These certificates are different from sealing and should not be confused with expungement.
Can a Lawyer Help With Record Sealing?
Yes.
A criminal defense attorney can review your criminal history and determine whether you may qualify under a particular sealing provision.
This can be especially useful when your record contains:
- Multiple convictions
- Old felony charges
- Drug-related convictions
- Cases from different counties
- Previous violations or misdemeanors
- Immigration concerns
- Records you believe should already be sealed
Sometimes the biggest challenge is figuring out exactly what is on the record.
What Should You Do Before Applying?
Before filing a record-sealing application, gather your criminal case information.
This may include:
- Case numbers
- Court documents
- Sentencing information
- Certificates of disposition
- Probation records
- Parole information
- Evidence of completed treatment
- Records showing completion of the sentence
You should also determine whether there are any newer convictions or pending cases that could affect eligibility.
Frequently Asked Questions
1. Does New York completely expunge criminal records?
In many adult criminal cases, New York primarily uses record sealing rather than complete expungement. Certain records may be automatically sealed, while other convictions require an application or court motion.
2. How long before a New York conviction can be sealed?
Under the Clean Slate Act, qualifying misdemeanors generally have a three-year waiting period and qualifying felonies generally have an eight-year waiting period, subject to the law’s conditions and exclusions.
3. Can a felony be sealed in New York?
Some felonies can be sealed, but not all. Clean Slate and CPL § 160.59 both contain exclusions and eligibility requirements.
4. Can immigration officials see a sealed conviction?
Potentially, yes. Sealing does not necessarily eliminate immigration consequences or prevent immigration authorities from accessing the record.
5. Do I need a lawyer to seal my criminal record?
Not necessarily in every situation, but legal advice can be valuable when eligibility is unclear, the record includes a felony, there are multiple convictions, or immigration consequences could be involved.
Final Thoughts
New York’s approach to criminal records has changed significantly with the Clean Slate Act, but “sealed” does not mean “erased.”
Some qualifying convictions can now be automatically sealed after the applicable waiting period, while other records may require an application under laws such as CPL § 160.59. Certain serious offenses remain excluded, and government agencies can retain access to records for specific purposes.
If you have an old criminal conviction that continues to affect your employment, housing, licensing, or other opportunities, checking your record and determining whether you qualify for sealing may be worthwhile.
