New York Expungement Laws: Record Sealing and the Clean Slate Act

New York does not offer traditional expungement for most criminal convictions; instead, it uses a sealing framework built on three overlapping statutes, with the landmark Clean Slate Act (Laws 2023, ch. 820) adding automatic sealing for millions of eligible records beginning November 16, 2024.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers New York State record sealing and expungement law. For a nationwide comparison, see Expungement Laws by State.

New York Uses Sealing, Not Expungement

New York State does not have a general expungement statute that destroys or erases conviction records. The state uses sealing, which makes records confidential and removes them from public background checks, but the physical and electronic records continue to exist within the court system and law enforcement databases.

Under New York law, a sealed record cannot be seen by most employers, landlords, or members of the public conducting a standard background check. However, courts and prosecutors can access sealed records in any new criminal case, law enforcement may access them in certain investigations, and agencies conducting fingerprint-based background checks for jobs involving children, the elderly, or other vulnerable populations retain access under specified conditions. Sealed conviction records also continue to count as prior convictions for sentence-enhancement purposes in any future criminal proceeding (CPL § 160.59(10)).

The practical effect of sealing is significant for employment and housing: a person asked whether they have a criminal record on most applications may answer no with respect to sealed records. This is the closest New York comes to the relief offered by full expungement in other states.

Automatic Sealing Under the Clean Slate Act (CPL § 160.57)

The Clean Slate Act, enacted as Laws of 2023, chapter 820, and codified at CPL § 160.57, took effect on November 16, 2024. It creates the first automatic, statewide sealing mechanism for conviction records in New York history.

Under the Clean Slate Act, most misdemeanor convictions become eligible for sealing three years after the person's release from incarceration or, if no incarceration was imposed, three years after sentencing. Most felony convictions become eligible for sealing eight years after the person's last release from incarceration. Eligibility also requires that the person not have any pending criminal charges and not be under active probation or parole supervision at the time sealing occurs.

The law permanently excludes two categories of convictions: (1) sex offenses and sexually violent offenses as defined under Correction Law § 168-a, and (2) Class A felony offenses as defined in the Penal Law, except for Class A drug felonies defined in Article 220, which are eligible. This means crimes such as murder in the first degree and kidnapping in the first degree will never be sealed under the Clean Slate Act, but a Class A-I drug conviction may qualify once the eight-year period has passed.

The Clean Slate Act includes a strong anti-waiver provision. No defendant may be required or permitted to waive eligibility for automatic sealing as part of a guilty plea, a sentencing agreement, or any other agreement. Any such waiver is void and unenforceable under CPL § 160.57.

The Office of Court Administration (OCA) is responsible for identifying and sealing eligible records. The statute requires OCA to make diligent efforts to seal all eligible prior convictions and to complete the process no later than three years after the effective date, placing the compliance deadline at November 16, 2027.

Discretionary Sealing Under CPL § 160.59

CPL § 160.59, enacted in 2017, allows people with limited criminal histories to petition the sentencing court to seal their records after at least 10 years have passed since the imposition of sentence or release from incarceration, whichever is later. Time spent incarcerated after the target conviction extends the waiting period by an equivalent amount.

A person is eligible to seek sealing of up to two convictions, with no more than one of those convictions being a felony. If multiple qualifying crimes arose from a single criminal transaction, they are considered one conviction for purposes of the two-conviction limit.

The following categories of offenses are completely ineligible for sealing under CPL § 160.59: sex offenses under Penal Law Article 130, child pornography offenses under Article 263, felony homicide offenses under Article 125, violent felony offenses as defined in Penal Law § 70.02, Class A felonies, and felonious attempts or conspiracies where the underlying target offense is itself ineligible. Out-of-state convictions and federal convictions also do not qualify.

A court must summarily deny an application if the person is required to register as a sex offender, has already sealed the maximum two convictions, has a pending undisposed charge, or was convicted of any crime after the date of entry of judgment on the last conviction being sought for sealing (CPL § 160.59(3)(f)). If none of these mandatory bars apply, the court exercises discretion by weighing factors including: the time elapsed since conviction, the nature and severity of the offense, the person's subsequent conduct and criminal history, rehabilitation efforts such as treatment, education, and community service, statements from victims or victims' family members, and the potential impact on public safety.

To file, the applicant submits a sworn motion and affidavit in the sentencing court, along with a certificate of disposition for each conviction and proof of service on the prosecutor's office. Forms are available through the New York Courts website at nycourts.gov. With the prosecutor served and the judge weighing your rehabilitation, get a free consultation with a New York criminal defense lawyer on preparing the sworn motion and affidavit (attorney advertising).

Automatic Sealing of Non-Convictions Under CPL § 160.50

New York seals records automatically when a criminal action terminates in favor of the accused. Under CPL § 160.50, a dismissal, acquittal, or other favorable disposition triggers automatic sealing of all official records and papers relating to the arrest and prosecution, including court files, police records, and fingerprints and photographs held by the Division of Criminal Justice Services (DCJS).

The sealing under CPL § 160.50 occurs at the court level and does not require any application from the defendant. The sealed record cannot be accessed by employers or the public. Access is limited to the accused or their authorized representative, prosecutors in related proceedings, law enforcement via court order, officials processing firearm license applications, and in certain circumstances, peace officer employers with notice to the applicant.

Cases adjourned in contemplation of dismissal under CPL § 170.56, which currently covers charges under Penal Law §§ 222.10, 222.15, 222.25, 222.30, 222.45 and 222.50 as well as nuisance summonses under Alcoholic Beverage Control Law § 65-c, also qualify for sealing under CPL § 160.50 upon dismissal. Non-convictions constitute the strongest form of record relief available in New York because the records, while not destroyed, are treated as confidential from the moment the favorable disposition is entered.

Marijuana Expungement Under the MRTA (2021)

The Marijuana Regulation and Taxation Act (MRTA), signed into law on March 31, 2021, went further than sealing by providing for automatic expungement of certain marijuana convictions. Expungement under the MRTA differs from sealing: the court treats the conviction as if it never occurred, and records are destroyed only upon the written request of the individual whose case was expunged; absent a request, records are marked as expunged rather than physically destroyed.

The following convictions are automatically expunged without any petition or fee: under former Penal Law Article 221, PL 221.05 (Unlawful Possession of Marihuana in the Second Degree), PL 221.10 (Unlawful Possession of Marihuana in the First Degree), PL 221.15 (Criminal Possession of Marihuana in the Fourth Degree), PL 221.20 (Criminal Possession of Marihuana in the Third Degree), PL 221.35 (Criminal Sale of Marihuana in the Fifth Degree), and PL 221.40 (Criminal Sale of Marihuana in the Fourth Degree); and under current Penal Law Article 222, PL 222.10, PL 222.15, PL 222.25, and PL 222.45, for which no plea agreement may require a defendant to waive eligibility for this relief. Where a court finds that the only controlled substance in a case was marihuana, misdemeanor and violation-level convictions under Article 220 of the penal law or PL 240.36 (Loitering) may also be expunged. Where the only controlled substance was concentrated cannabis, convictions under PL 220.03 or PL 220.06 (both Criminal Possession of a Controlled Substance) may also be expunged.

The one-year processing deadline in CPL § 160.50(5)(a) is tied to the 2019 chapter that added the marihuana expungement provision, not to the MRTA: convictions entered on or before that 2019 amendment’s effective date were to be expunged promptly and no later than one year after that effective date. Because MRTA expungements are automatic, the law provides that expunged marijuana convictions do not count toward the two-conviction limit under CPL § 160.59.

Conditional Sealing for Drug Offenses Under CPL § 160.58

CPL § 160.58 provides a separate sealing pathway for people convicted of certain drug offenses who have successfully completed a court-approved substance abuse treatment program and fulfilled all other imposed sentences. Conditional sealing under this provision can be reopened if the person is subsequently arrested, though the records are resealed if the new arrest does not result in a conviction. This pathway is distinct from the Clean Slate Act and from CPL § 160.59 because it is tied to treatment completion rather than a flat waiting period and applies specifically to drug-related offenses.

What Sealing Means for Background Checks

Once a New York conviction or arrest record is sealed, it does not appear on standard background checks used by private employers, landlords, or the general public. A person may lawfully state on most job applications that they have not been convicted of the sealed offense.

Sealed records remain accessible to: courts and prosecutors in any new criminal proceeding; law enforcement conducting authorized investigations; entities required by state or federal law to conduct fingerprint-based background checks, including those involving work with children, the elderly, or vulnerable adults; officials processing firearm license applications under Penal Law § 400.00; and the New York Department of Corrections and Community Supervision in specified supervision contexts. Sealed records also continue to count as prior convictions for the purpose of determining sentences in future criminal cases. Individuals can verify the status of a sealed record by contacting DCJS directly.

Disclaimer: This article describes New York State record sealing and expungement law as verified on May 29, 2026. Laws can change and individual circumstances vary. Consult a licensed New York attorney before taking any legal action regarding your criminal record.

Related Articles

• Expungement Laws by State
• DUI Expungement by State
• How to Check If Your Record Has Been Expunged

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RecordingLaw.com provides general legal information, not legal advice. Verify all details with official sources or a licensed attorney.

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Frequently Asked Questions

Does New York have expungement?

New York does not have a general expungement law for most criminal convictions. The state uses sealing, which makes records confidential but does not destroy them. The only true expungement available is for certain marijuana convictions automatically expunged under the Marijuana Regulation and Taxation Act of 2021.

What is the New York Clean Slate Act?

The Clean Slate Act (CPL § 160.57, Laws 2023, ch. 820) took effect on November 16, 2024. It automatically seals most misdemeanor convictions three years after release or sentencing and most felony convictions eight years after release, with no petition required. Class A felonies other than Class A drug felonies under Penal Law Article 220, and offenses defined as a sex offense or sexually violent offense under Correction Law § 168-a, are excluded. The Office of Court Administration has until November 16, 2027 to complete sealing of all eligible prior records.

How do I seal a record in New York?

For convictions, you can petition under CPL § 160.59 after a 10-year waiting period by filing a sworn motion and affidavit in the original sentencing court along with a certificate of disposition and proof of service on the prosecutor. Under the Clean Slate Act, sealing is automatic for eligible convictions and no action is required. Non-convictions are sealed automatically under CPL § 160.50 when the case ends in your favor.

What does CPL 160.59 require?

CPL § 160.59 requires at least 10 years since sentencing or release from incarceration, no more than two total convictions (with no more than one felony), no pending criminal charges, and no conviction for any crime after the date of entry of judgment on the last conviction you want sealed. Violent felonies, Class A felonies, homicides, and sex offenses are ineligible. The court then weighs rehabilitation factors before granting or denying the petition.

How long does it take to seal a record in New York?

For CPL § 160.59 applications, processing times vary by county and court docket; there is no statutory deadline for the court to rule. Under the Clean Slate Act, the Office of Court Administration has until November 16, 2027 to complete sealing of all prior eligible records. Non-conviction sealing under CPL § 160.50 occurs at the time of the favorable disposition with no separate application needed.

Can my employer see a sealed record in New York?

Most private employers cannot see sealed records on a standard background check. However, entities conducting fingerprint-based background checks for positions involving children, the elderly, or vulnerable adults retain access to sealed records under state and federal law. Law enforcement and courts also retain access.

Are marijuana convictions expunged in New York?

Yes. Under the Marijuana Regulation and Taxation Act of 2021, convictions under former Penal Law Article 221 for possession and certain lower-level sales offenses are automatically expunged without any application or fee. For convictions entered on or before the effective date of the 2019 amendment that created this expungement provision, CPL § 160.50(5)(a) required expungement no later than one year after that effective date. Expunged marijuana convictions do not count toward the two-conviction limit for CPL § 160.59 sealing.

What felonies cannot be sealed in New York?

The two statutes have different exclusion lists, so the answer depends on which pathway you are using. Under the Clean Slate Act (CPL § 160.57(1)(b)), the only conviction-based exclusions are offenses defined as a sex offense or sexually violent offense under Correction Law § 168-a and class A felonies other than those defined in Penal Law Article 220. Violent felonies under Penal Law § 70.02, homicide felonies under Article 125, and felony attempt or conspiracy convictions are therefore eligible for automatic sealing once the eight-year felony waiting period and the other statutory conditions are met. Discretionary sealing under CPL § 160.59 is far narrower: sex offenses under Penal Law Article 130, offenses under Article 263, felony homicides under Article 125, violent felonies under § 70.02, class A felonies, and felonious attempts or conspiracies to commit an ineligible offense are all outside that statute.