Expunging a Criminal Record in New York (2026)
Reviewed by DocDraft Legal Team · New York · Last updated August 19, 2026
New York generally does not expunge criminal convictions; instead it seals them, which hides the record from most public and private background checks while leaving it visible to certain agencies. Under CPL 160.59 you can petition the court of conviction to seal up to two eligible convictions, no more than one of them a felony, once ten years have passed since sentencing or release with no new crimes. Non-convictions such as dismissals and acquittals are sealed automatically under CPL 160.50 and 160.55. The Clean Slate Act, effective November 16, 2024, automatically seals eligible convictions three years after release for a misdemeanor and eight years for a felony. Sex offenses, Class A felonies, and violent felonies are excluded. The state repository is the Division of Criminal Justice Services.
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What are you trying to clear?
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What record-clearing relief does New York offer, and what is it called?
New York seals rather than expunges. It almost never destroys a conviction record; instead it seals it from public view under the Criminal Procedure Law. Sealing hides the record from most employers and background checks, but courts, law enforcement, and certain licensing agencies can still see it. True expungement exists only for some marijuana records.
What convictions can be sealed in New York and how long is the waiting period?
Under CPL 160.59 you can petition to seal up to two eligible convictions, no more than one a felony, once ten years have passed since sentencing or release from any custody with no new criminal convictions. Sex offenses, Class A felonies, and violent felonies cannot be sealed. You must have no charges pending.
Can you seal a felony conviction in New York?
Sometimes. CPL 160.59 lets you seal one felony conviction, so long as it is not a Class A felony, a violent felony, or a sex offense, once ten years have passed with no new crimes. The Clean Slate Act also auto-seals many eligible felonies eight years after release. Violent and Class A felonies stay on the record.
Does New York have automatic Clean Slate sealing?
Yes. The Clean Slate Act took effect November 16, 2024. It automatically seals eligible convictions with no petition, three years after release for a misdemeanor and eight years for a felony, if the person committed no new crimes and is not on probation or parole. Sex offenses and non-drug Class A felonies are excluded.
Which arrest and case outcomes are sealed automatically in New York?
Non-convictions are sealed automatically. Under CPL 160.50, dismissals, acquittals, and cases ending in your favor are sealed without any application. Under CPL 160.55, convictions for non-criminal violations such as disorderly conduct are also sealed to public view. These automatic seals happen at case termination, separate from the ten-year CPL 160.59 petition.
New York Seals Rather Than Expunges: CPL 160.59, Automatic Non-Conviction Sealing, and the Clean Slate Act
New York is a sealing state, not an expungement state. Apart from the automatic destruction of certain marijuana records, a New York conviction is not erased; the relief is sealing, which hides the record from most public and private background checks while leaving it visible to courts, law enforcement, and some licensing and firearms authorities. Three tracks exist. First, CPL 160.59 lets you petition the court of conviction to seal up to two eligible convictions, no more than one a felony, once ten years have passed since sentencing or release with no new criminal convictions and no pending charges; Class A felonies, violent felonies, and sex offenses are categorically excluded. Second, non-convictions are sealed automatically: CPL 160.50 seals dismissals, acquittals, and favorable terminations, and CPL 160.55 seals non-criminal violation dispositions. Third, the Clean Slate Act, effective November 16, 2024, automatically seals eligible convictions with no petition, three years after release for a misdemeanor and eight years for a felony, provided the person committed no new crimes and is not on probation or parole; sex offenses and non-drug Class A felonies are excluded, and the Office of Court Administration has until November 16, 2027 to seal eligible older records. A CPL 160.59 petition is filed as a sworn motion in the sentencing court, served on the district attorney, and the state repository that updates the record is the Division of Criminal Justice Services.
Relevant Laws
Sealing of Convictions by Petition (CPL 160.59)
Lets a person petition the court of conviction to seal up to two eligible convictions, no more than one a felony, once ten years have passed since sentencing or release with no new criminal convictions and no pending charges. Class A felonies, violent felonies, and sex offenses are excluded.
Clean Slate Act, Automatic Sealing of Convictions (CPL 160.57)
Effective November 16, 2024, automatically seals eligible convictions with no petition, three years after release for a misdemeanor and eight years for a felony, if the person has no new crimes and is not on probation or parole. Sex offenses and non-drug Class A felonies are excluded.
Automatic Sealing of Non-Convictions (CPL 160.50 and 160.55)
CPL 160.50 automatically seals cases that end in the person's favor, including dismissals, acquittals, and favorable terminations. CPL 160.55 seals convictions for non-criminal violations such as disorderly conduct. These seals occur at case termination without any application.
No General Federal Expungement of State Records
There is no general federal law to expunge or seal a New York state conviction; record-clearing is set by New York law. New York seals rather than expunges most convictions, with true expungement reserved mainly for certain marijuana records. The state repository is the Division of Criminal Justice Services.
Regional Variances
New York Record-Sealing Eligibility Table
Relief type and name
New York seals rather than expunges. The main relief is sealing under CPL 160.59, which hides an eligible conviction from most public and private background checks but leaves it visible to courts, law enforcement, and some licensing and firearms authorities. True expungement is limited mainly to certain marijuana records.
Petition sealing under CPL 160.59
You may petition the sentencing court to seal up to two eligible convictions, no more than one a felony, after ten years since sentencing or release with no new criminal convictions and no pending charges. Filed as a sworn motion served on the district attorney; there is generally no separate statutory filing fee.
Automatic non-conviction sealing (CPL 160.50 and 160.55)
Non-convictions are sealed automatically at case termination. CPL 160.50 seals dismissals, acquittals, and favorable terminations; CPL 160.55 seals non-criminal violation dispositions such as disorderly conduct. No petition, waiting period, or fee applies to these automatic seals.
Clean Slate Act automatic timing
Effective November 16, 2024, the Clean Slate Act auto-seals eligible convictions with no petition: three years after release for a misdemeanor and eight years for a felony, if there are no new crimes and the person is not on probation or parole. The courts have until November 16, 2027 to seal eligible older records.
Excluded offenses
Sex offenses cannot be sealed under CPL 160.59 or the Clean Slate Act. CPL 160.59 also excludes all Class A felonies and violent felonies. The Clean Slate Act excludes sex offenses and non-drug Class A felonies. These convictions remain on the record and visible to background checks.
Suggested Compliance Checklist
Confirm your convictions are eligible for New York sealing
Before you file anything days after startingVerify under CPL 160.59 that you have no more than two eligible convictions, at most one a felony, and that at least ten years have passed since sentencing or release with no new convictions and no pending charges. Rule out Class A felonies, violent felonies, and sex offenses, which cannot be sealed.
Check whether Clean Slate automatic sealing already covers you
Before preparing a petition days after startingDetermine whether the Clean Slate Act, effective November 16, 2024, will auto-seal your conviction three years after release for a misdemeanor or eight years for a felony, with no new crimes and not on probation or parole. If so, a CPL 160.59 petition may be unnecessary, saving time and effort.
Obtain your official New York criminal history record
Before drafting the motion days after startingRequest your RAP sheet from the Division of Criminal Justice Services or obtain a certificate of disposition from each court clerk. You need exact charges, sentencing dates, and dispositions to confirm eligibility and to attach as proof to your CPL 160.59 sealing motion.
Prepare and file the CPL 160.59 sealing motion
After the ten-year period has run days after startingDraft a sworn motion and affidavit identifying each conviction to seal, stating the ten-year period has run, and attaching a certificate of disposition for each case. File it in the court of conviction. An attorney can help draft the motion and required sworn statement.
Serve the district attorney and confirm the record is sealed
After filing, then follow up days after startingServe the motion on the district attorney for the county of conviction and attend any hearing the court sets. If sealing is granted, confirm the Division of Criminal Justice Services updates your record. Remember sealing is not destruction, so some agencies may still see it.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your convictions are eligible for New York sealing | Verify under CPL 160.59 that you have no more than two eligible convictions, at most one a felony, and that at least ten years have passed since sentencing or release with no new convictions and no pending charges. Rule out Class A felonies, violent felonies, and sex offenses, which cannot be sealed. | - | Before you file anything |
| Check whether Clean Slate automatic sealing already covers you | Determine whether the Clean Slate Act, effective November 16, 2024, will auto-seal your conviction three years after release for a misdemeanor or eight years for a felony, with no new crimes and not on probation or parole. If so, a CPL 160.59 petition may be unnecessary, saving time and effort. | - | Before preparing a petition |
| Obtain your official New York criminal history record | Request your RAP sheet from the Division of Criminal Justice Services or obtain a certificate of disposition from each court clerk. You need exact charges, sentencing dates, and dispositions to confirm eligibility and to attach as proof to your CPL 160.59 sealing motion. | - | Before drafting the motion |
| Prepare and file the CPL 160.59 sealing motion | Draft a sworn motion and affidavit identifying each conviction to seal, stating the ten-year period has run, and attaching a certificate of disposition for each case. File it in the court of conviction. An attorney can help draft the motion and required sworn statement. | - | After the ten-year period has run |
| Serve the district attorney and confirm the record is sealed | Serve the motion on the district attorney for the county of conviction and attend any hearing the court sets. If sealing is granted, confirm the Division of Criminal Justice Services updates your record. Remember sealing is not destruction, so some agencies may still see it. | - | After filing, then follow up |
Frequently Asked Questions
A CPL 160.59 sealing motion generally has no separate statutory court filing fee, which sets New York apart from states that charge to petition. You may still pay small costs for certificates of disposition or copies, and many people hire an attorney whose fee varies. Automatic sealing under the Clean Slate Act costs nothing.
A CPL 160.59 petition is not immediate. After you file in the sentencing court and serve the district attorney, the prosecutor has time to respond, and the court may schedule a hearing, so a decision commonly takes several months. Automatic Clean Slate sealing requires no filing, but the courts have until November 16, 2027 to seal eligible older records.
Sealing in New York hides a record from most public and private background checks, but it is not full erasure. Courts, prosecutors, and law enforcement can access a sealed record, as can certain agencies when you apply for a job as a police or peace officer, a firearms license, or some professional licenses. Immigration authorities may also see it.
For most private employment, yes. New York generally bars employers from asking about or acting on a sealed conviction or a sealed non-conviction, so you usually do not have to disclose it. Exceptions exist for law enforcement positions, firearms licensing, and certain regulated jobs where the sealed record may lawfully be considered.
Yes. New York is unusual in that certain marijuana convictions are expunged, meaning destroyed, rather than merely sealed. Following the 2019 and 2021 marijuana law changes, the state automatically expunged or sealed many low-level marijuana records. This is the main situation where New York truly expunges instead of sealing a conviction.
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