Route one: automatic sealing under the Clean Slate Act
The Clean Slate Act took effect November 16, 2024. The Unified Court System has until November 16, 2027 to complete implementation and says the required systems are still being developed. Eligibility does not establish that a particular record is already sealed. Routine sealing is automatic; the courts say a manual-review form will be available no later than that implementation date.
The waiting periods differ for misdemeanors and felonies and run from a defined point after sentencing or release. Eligibility depends on conditions including having no new convictions, not being under supervision, and having no pending charges. Certain offences are excluded entirely.
CPL §160.57 generally provides three years for misdemeanors and eight for felonies, measured from sentencing when there was no incarceration, or release when there was. A subsequent criminal conviction before sealing restarts the clock. Pending criminal charges and ongoing supervision can prevent sealing. Sex offenses and sexually violent offenses as defined by Correction Law §168-a are excluded, as are Penal Law Class A felonies except Article 220 drug felonies. Specified out-of-state felony charges or convictions also affect eligibility under the statute’s federal-record-access conditions; exceptions apply for conduct that would not be a New York felony. This route applies to natural persons, not corporations. First alcohol DWAI traffic infractions have a separate three-year rule.
What automatic sealing does not mean. Sealed is not the same as erased. Records remain accessible to specified parties — law enforcement and certain licensing and employment screenings among them. CPL §160.57(1)(d) retains access for the person and counsel, criminal proceedings, law enforcement, specified court proceedings, legally required fingerprint checks, authorized checks involving vulnerable populations, police employment, firearms licensing, certain professional licensing and misconduct reviews, and other enumerated statutory purposes. DMV records and specified federal-law requirements are not erased. Review the actual purpose and authority for a particular check.
Route two: applying under CPL §160.59
The application route has existed since 2017 and remains available. You apply to the court, and a judge decides — it is discretionary, not automatic.
There are limits on how many convictions can be sealed, a waiting period, and categories of offence that cannot be sealed at all, including sex offences requiring registration, violent felonies, and Class A felonies.
CPL §160.59 generally permits up to two eligible convictions, no more than one a felony; eligible offenses from the same criminal transaction count as one. At least ten years must pass from the latest sentence or release from incarceration, with later incarcerated time excluded. More than two crimes or one felony, pending charges, later crimes and prior sealing limits can bar relief. Exclusions include Penal Law Article 130 sex offenses, Article 263 offenses, Article 125 felonies, violent and Class A felonies, specified felony conspiracy or attempt offenses, and offenses requiring sex-offender registration. Apply in the court specified by the statute and serve the district attorney. The judge considers time elapsed, seriousness, other offenses, rehabilitation, victim statements, reintegration and public safety.
Because it is discretionary, the application matters. A court is being asked to exercise judgment, and what is put in front of it — the circumstances of the offence, what has happened since, and the impact the record is having — is the substance of the case.
Sealing that happens without either route
Some records are sealed already and people do not realize it.
Cases that ended favorably — dismissals, acquittals, and cases where charges were dropped — are generally sealed by operation of law. If your case was dismissed, you may have no record to seal.
Marijuana convictions were addressed separately by New York’s cannabis legislation, which provided for expungement of certain past convictions.
CPL §160.50 governs qualifying favorable dispositions, including complete acquittals and specified dismissals, subject to exceptions and interest-of-justice findings. Section 160.50(3)(k) and (5) provide separate sealing and expungement for listed former marijuana and qualifying cannabis convictions; they do not cover every drug conviction.
What to do first
Get your own record before assuming anything. People are frequently wrong about what is on it — either believing a dismissed case shows up when it does not, or believing an old conviction has gone away when it has not. Use the DCJS personal Record Review process, which requires fingerprints. New York residents can arrange fingerprinting through IdentoGo. Choose a suppressed or unsuppressed response; the latter includes sealed information. Out-of-state residents should follow DCJS’s separate instructions. Review the response and use its correction instructions if needed.
Once you know what is actually there, you can work out which route applies, whether the waiting period has run, and whether an application is worth making.
Frequently asked questions
Can I get my criminal record sealed in New York?
Possibly. Eligible convictions may be sealed automatically after a waiting period under the Clean Slate Act, and a discretionary application is available under CPL §160.59. Some offences are excluded from both.
Does sealing erase my record?
No. A sealed record still exists and remains accessible to certain parties, including law enforcement and specified licensing and employment screenings. It is not visible on most routine background checks.
Do I need a lawyer for automatic sealing?
Routine Clean Slate sealing requires no application or lawyer, but implementation remains underway through November 16, 2027. A lawyer can review eligibility, existing records, other sealing options and any review process then available.
Which convictions cannot be sealed?
Certain categories are excluded, including sex offences requiring registration and the most serious felonies. The exclusions differ between the two routes.
What if my case was dismissed?
Cases that ended favorably are generally sealed by operation of law, so there may be nothing to apply for.
Related: Misdemeanors · back to Criminal & Traffic Defense
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539 · Last reviewed October 6, 2026