New York
New York Expungement Laws: Record Sealing and the Clean Slate Act
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content
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 additional crime after the date of the last conviction being sought for sealing. 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.
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 (formerly used for certain marijuana charges) 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.
Courts were given up to one year from the MRTA amendment's effective date to process expungements for convictions entered before that 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.
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More New York Laws
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 (except Class A drug felonies) and sex offenses 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 subsequent convictions after the date of the offense 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. Courts had up to one year from the amendment's effective date to process expungements for convictions entered before that 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?
Class A felonies (other than Class A drug felonies under Penal Law Article 220), violent felonies as defined in Penal Law § 70.02, homicide felonies under Article 125, and sex offenses under Article 130 are ineligible for sealing under both CPL § 160.59 and the Clean Slate Act. Convictions for child pornography offenses and for felonious attempts or conspiracies to commit any ineligible offense are also excluded.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the Clean Slate Act's chapter number (Laws 2023, ch. 820, not ch. 631, matching the article's own citation list), the MRTA processing deadline (1 year, not 2, for pre-effective-date convictions), the PL 240.36 marihuana-vs-concentrated-cannabis mix-up and a missing PL 220.06 reference, an incomplete automatic-expungement offense list (added four current Article 222 offenses the statute also covers), an overstated claim that expunged records are always destroyed (destruction requires a written request), and a discretionary-vs-mandatory error in how multi-offense criminal transactions count toward the two-conviction sealing limit.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New York Criminal Procedure Law
§ 160.50Order upon termination of criminal action in favor of the accusedIn force
Order upon termination of criminal action in favor of the accused. 1. Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision three of this section, unless the district attorney upon motion with not less than five days notice to such person or his or her attorney demonstrates to the satisfaction of the court that the interests of justice require otherwise, or the court on its own motion with not less than five days notice to such person or his or her attorney determines that the interests of justice require otherwise and states the reasons for such determination on the record, the record of such action or proceeding shall be sealed and the clerk of the court wherein such criminal action or proceeding was terminated shall immediately notify the commissioner of the division of criminal justice services and the heads of all appropriate police departments and other law enforcement agencies that the action has been terminated in favor of the accused, and unless the court has directed otherwise, that the record of such action or proceeding shall be sealed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 103 court opinionsMost recently applied by a court: 2025
Leading cases: New York State Commission on Judicial Conduct v. Rubenstein (New York Court of Appeals 2014, 23 N.Y.3d 570) · People v. Kevin W. (New York Court of Appeals 2013, 22 N.Y.3d 287) · People v. Murray (New York Supreme Court 2016, 54 Misc. 3d 825)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 160.57Automatic sealing of convictionsIn forcecited in 5 of our articles
Automatic sealing of convictions. 1. Convictions for certain traffic infractions or a crime defined in the laws of this state shall be sealed in accordance with this section as follows: (a) Convictions for subdivision one of section eleven hundred ninety-two of the vehicle and traffic law shall be sealed after three years. (b) Criminal convictions shall be sealed upon satisfaction of the following conditions: (i) for a misdemeanor conviction, at least three years have passed from the defendant's release from incarceration or the imposition of sentence if there was no sentence of incarceration. If the defendant is subsequently convicted of a crime before a prior conviction is sealed pursuant to this section, the calculation of time for such prior conviction shall start upon the same date as the time calculation starts for the subsequent criminal conviction; (ii) for a felony conviction, at least eight years have passed from the date the defendant was last released from incarceration for the sentence of the conviction eligible for sealing or from the imposition of sentence if there was no sentence of incarceration.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Also relied on in: Expungement Laws by State: How to Clear Your Record (2026), How Long Does a Felony Stay on Your Record? (2026), New York's Clean Slate Act Takes Effect: Millions of Old Convictions Now Seal Automatically
§ 160.59Sealing of certain convictionsIn forcecited in 2 of our articles
Sealing of certain convictions. 1. Definitions: As used in this section, the following terms shall have the following meanings: (a) "Eligible offense" shall mean any crime defined in the laws of this state other than a sex offense defined in article one hundred thirty of the penal law, an offense defined in article two hundred sixty-three of the penal law, a felony offense defined in article one hundred twenty-five of the penal law, a violent felony offense defined in section 70.02 of the penal law, a class A felony offense defined in the penal law, a felony offense defined in article one hundred five of the penal law where the underlying offense is not an eligible offense, an attempt to commit an offense that is not an eligible offense if the attempt is a felony, or an offense for which registration as a sex offender is required pursuant to article six-C of the correction law. For the purposes of this section, where the defendant is convicted of more than one eligible offense, committed as part of the same criminal transaction as defined in subdivision two of section 40.10 of this chapter, those offenses shall be considered one eligible offense.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 2 court opinionsMost recently applied by a court: 2024
Leading cases: Mills v. Steuben Foods, Incorporated (District Court, W.D. New York 2024) · McGill v. Buzzelli (District Court, W.D. New York 2020)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York DWI Laws: Penalties, BAC Limit & License (2026)
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Sources and References
- CPL § 160.57 Automatic sealing of convictions(nysenate.gov)
- CPL § 160.59 Sealing of certain convictions(nysenate.gov)
- CPL § 160.50 Order upon termination of criminal action in favor of accused(nysenate.gov)
- New York Clean Slate Act (Laws 2023, ch. 820)(nysenate.gov)
- Sealing your criminal record — New York State Attorney General(ag.ny.gov)
- Steps to Prepare and File a CPL 160.59 Sealing Application(nycourts.gov)
- Cannabis (Marihuana) and Expungement Under New York State Law(nycourts.gov)
- Marijuana Regulation and Taxation Act, S.854-A (2021)(nysenate.gov)