New York Expungement Guide
Clearing Your Record in New York
New York uses "sealing" rather than traditional expungement, but the 2024 Clean Slate Act brings automatic sealing for most convictions after waiting periods — the most significant criminal record reform in New York history.
Clean Slate Act (Effective November 16, 2024)
Historic Reform — Automatic Sealing for Most Convictions
The Clean Slate Act (CPL § 160.57) provides for automatic sealing of most New York criminal convictions after waiting periods — no petition required. Over 2 million New Yorkers are expected to benefit. Sealing begins rolling out automatically; individuals do not need to apply.
Eligible for Automatic Sealing
- ✓Misdemeanor convictions: 3 years after sentence completion
- ✓Felony convictions: 8 years after sentence completion
- ✓Must have no new convictions during waiting period
- ✓Must not be currently registered as sex offender
- ✓Applies to most drug, property, and non-violent offenses
NOT Eligible for Clean Slate Sealing
- ✗Sex offenses requiring registration
- ✗Class A felonies (murder, major drug trafficking)
- ✗Sexually violent offenses
- ✗Currently incarcerated
- ✗Under supervision (parole, probation)
- ✗New conviction within waiting period
After sealing under the Clean Slate Act, your record is sealed from most employers, landlords, and licensing agencies. Law enforcement retains access for criminal justice purposes. Some licensing bodies (e.g., firearms, certain healthcare licenses) may still access sealed records.
Petition Sealing Under CPL § 160.59
Before the Clean Slate Act, CPL § 160.59 allowed sealing of up to two convictions (no more than one felony) after a 10-year waiting period. This petition process still applies to those who are ineligible for Clean Slate sealing or who want to petition before the automatic period.
| Requirement | Details |
|---|---|
| Maximum convictions sealable | Up to 2 convictions total (no more than 1 felony) |
| Waiting period | 10 years from sentence completion or release from custody, whichever is later |
| No new convictions | No criminal convictions during the 10-year period |
| Ineligible offenses | Sex offenses, violent felonies, class A felonies, certain serious crimes |
| Procedure | File petition in the court of conviction; DA has 45 days to respond; judge holds hearing |
| Standard | Court weighs "public interest and factors," including crime seriousness vs. need for relief |
Obtain your criminal history record
Request your rap sheet from DCJS (Division of Criminal Justice Services) at a state police office or via mail. This shows all convictions, sentences, and whether any are already sealed.
Complete the petition (CPL § 160.59)
The petition must identify each conviction to be sealed, provide supporting documentation, and state reasons why sealing serves the public interest. Attach supporting materials (employment letters, certificates, references).
File in the court of original conviction
File the petition with the clerk of the court where you were convicted. A copy must be served on the District Attorney's office in that county.
DA response period (45 days)
The District Attorney has 45 days to respond. If the DA does not respond, the court may grant the petition without a hearing.
Court hearing and decision
The judge reviews the petition, DA response, and any hearing. The court weighs public interest factors. If granted, DCJS and the arresting agency are notified to seal the record.
Marijuana Conviction Expungement (MRTA)
Under the Marihuana Regulation and Taxation Act (MRTA, 2021), most marijuana convictions for acts that are now legal under New York law are automatically expunged (not just sealed) — meaning the records are destroyed. This includes convictions for: unlawful possession of marijuana (PL § 221.05, 221.10, 221.15, 221.20, 221.35, 221.40). No petition is required — DCJS processes these automatically.
If you believe a marijuana conviction was not automatically expunged, you may contact DCJS directly or file a petition to verify the expungement. The Office of Cannabis Management also provides resources for record clearance.
Certificate of Relief from Disabilities / Certificate of Good Conduct
For convictions that cannot be sealed or expunged, New York offers two certificates that lift many legal barriers created by a criminal conviction:
Certificate of Relief from Disabilities (CRD)
- •Available if you have no more than one felony conviction
- •Can be issued at sentencing or by the Board of Parole
- •Removes many licensing and employment bars
- •Does not seal the record but creates presumption of rehabilitation
Certificate of Good Conduct (CGC)
- •Available for those with multiple felony convictions
- •Must wait 3 years (class C/D/E felony) or 5 years (class A/B) after release
- •Issued by the NYS Board of Parole
- •Lifts more barriers than the CRD; stronger presumption of rehabilitation
Free Legal Help in New York
Legal Aid Society (NYC)
212-577-3300
Free criminal record sealing assistance for low-income NYC residents.
Bronx Defenders
718-838-7878
Free record sealing and collateral consequences help in the Bronx.
Brooklyn Defender Services
718-254-0700
Free record sealing help in Brooklyn.
DCJS Clean Slate Info
criminaljustice.ny.gov
Official information on Clean Slate Act automatic sealing.
NY State Bar Lawyer Referral
1-800-342-3661
Low-cost attorney referral statewide.
Re-Entry Net (NYC)
reentrynet.org
Resources for people with records including housing, employment, and legal help.
Start Your Record Sealing
New York Record Sealing Documents
Get the complete CPL § 160.59 petition packet — petition form, supporting statement, DCJS record request instructions, and filing guide for New York courts.
Get New York Expungement Documents — $47For informational purposes only. Not legal advice. Consult an attorney for your specific situation.
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