Clearing a criminal record in New York
In New York it is called sealing: most relief is sealing: the record is not destroyed, but it is closed to the public and to most employers and landlords. Some misdemeanor and felony convictions may be cleared, and New York also clears some records automatically (Clean Slate Act).
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in New York?
Sealing (and expungement for certain marijuana convictions) — In New York most relief is sealing: the record is not destroyed, but it is closed to the public and to most employers and landlords. Police, courts, prosecutors, gun-licensing agencies and some employers required by law to run fingerprint checks can still see it. Certain old marijuana convictions are expunged, which means vacated and treated as if they never happened.
New York has 4 ways to clear a record. Each covers different records and has its own waiting period.
Sealing of cases that ended in your favor (CPL 160.50)
Arrests and charges that ended in your favor: dismissal, acquittal, declined prosecution, adjournment in contemplation of dismissal (ACD) once dismissed
| Kind of case | Waiting period | Counted from |
|---|---|---|
Case dismissed, acquitted or otherwise ended in your favor | No waiting period Sealing happens when the case ends in your favor, unless the prosecutor shows the court that justice requires otherwise. | The end of the case |
Law: N.Y. Crim. Proc. Law § 160.50
Source: Official text
Sealing of violation and traffic-infraction convictions (CPL 160.55)
Convictions for non-criminal offenses (violations) and traffic infractions, such as disorderly conduct
| Kind of case | Waiting period | Counted from |
|---|---|---|
Violation (non-criminal) conviction | No waiting period These records are sealed by law when the case ends, unless the court orders otherwise in the interests of justice. | The conviction |
- Not eligible
- Driving while ability impaired (VTL 1192(1)) is not sealed under this section; it is sealed after 3 years under the Clean Slate Act
Law: N.Y. Crim. Proc. Law § 160.55; CPL 160.57
Source: Official text
Sealing of certain convictions by application (CPL 160.59)
Up to two eligible convictions (misdemeanor or felony), of which no more than one can be a felony; several convictions from one criminal incident count as one
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor or felony conviction | 10 years You must wait at least 10 years after your latest sentence or release; any time you spent locked up after the conviction is added to the 10 years. | The sentencing on your latest conviction, or your latest release from jail or prison if you were incarcerated (including jail time given with probation) |
- Not eligible
- Sex offenses, child sexual performance offenses, felonies under art. 125 (homicide), violent felonies, class A felonies, felony conspiracy or felony attempt to commit an ineligible offense, any offense requiring sex offender registration. Also denied if you have a pending charge or any conviction after the last conviction you want sealed.
- Limits
- You can seal no more than two convictions in your lifetime, and no more than one of them can be a felony. The court must deny the application if your whole record has two or more felony convictions or more than two criminal convictions, if you already sealed the maximum under CPL 160.58, or if you are required to register as a sex offender.
Law: N.Y. Crim. Proc. Law § 160.59; Penal Law art. 130; art. 263; Penal Law 70.02; CPL 160.59(3), (4)
Source: Official text
Conditional sealing after drug treatment / judicial diversion (CPL 160.58)
Drug convictions and certain specified offenses after you complete a judicial diversion or court-sanctioned drug treatment program, plus up to three prior drug misdemeanors
| Kind of case | Waiting period | Counted from |
|---|---|---|
Drug conviction after completing judicial diversion or drug treatment | No waiting period You can ask once you have finished the drug treatment program and the sentence. | Completing the program and the sentence |
- Limits
- Up to three prior drug misdemeanors may be sealed along with the program case. Sealing is conditional: if you are later arrested for or formally charged with any misdemeanor or felony, the records are unsealed. They are sealed again if the new case ends in your favor or only in a non-criminal violation. The court will not seal while any charge is pending.
Law: N.Y. Crim. Proc. Law § 160.58; Penal Law art. 220 or 221; CPL 160.58(8)
Source: Official text
When can I file? Waiting periods in New York
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in New York
Sealing of cases that ended in your favor (CPL 160.50)
Usually automatic: the court clerk notifies the state Division of Criminal Justice Services (DCJS) and police. For older cases that ended in your favor before the law took effect, you may file a motion in the court that handled the case, with at least 20 days' notice to the district attorney.
Sealing of violation and traffic-infraction convictions (CPL 160.55)
Automatic; the court notifies DCJS. The court may refuse sealing if justice requires.
Sealing of certain convictions by application (CPL 160.59)
File an application in the court where you were convicted of the most serious offense (or, if all are the same level, where you were last convicted). Include a certificate of disposition for each conviction, sworn statements and your reasons. Serve a copy on the district attorney, who has 45 days to object. If the DA objects, the judge holds a hearing; the judge decides in its discretion.
Conditional sealing after drug treatment / judicial diversion (CPL 160.58)
The court that sentenced you to the treatment program may seal on its own motion or on your motion. The district attorney and the other courts involved get at least 30 days to comment, and the court may hold a hearing.
Court self-help
Free help in New York
- Legal Action Center (free RAP sheet and sealing help for eligible New Yorkers) · (212) 243-1313
- LawHelpNY – Records for Crimes
- Find free legal aid at LawHelp.org
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (New York State Division of Criminal Justice Services (DCJS)) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for New York.
Clearing a record in New York by topic
Sealing of cases that ended in your favor (CPL 160.50) in New York
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in New York
How long you wait for each kind of case, and a date helper.
How to file in New York
The steps, the cost, fee waivers, the forms and court self-help.
Automatic relief in New York
- Law
- Clean Slate Act
- What is cleared
- Most New York misdemeanor convictions are sealed automatically 3 years after sentencing or release from incarceration, and most felony convictions 8 years after sentencing or last release. A new conviction restarts the clock for older ones. You must not have a pending charge in New York or be on probation or parole for that case. Sex offenses and sexually violent offenses (as defined for the sex offender registry, Correction Law 168-a) and class A felonies (except class A drug felonies) are never sealed. The 3- and 8-year clocks run from the date of sentencing or, if you were jailed, from your release. Driving while ability impaired (VTL 1192(1)) convictions are sealed after 3 years. Courts, police, gun-licensing agencies and employers that must run fingerprint checks (for example, jobs with children, the elderly or vulnerable people) can still see sealed convictions.
- Started
- November 16, 2024 (one year after the law was signed on November 16, 2023); the courts must finish sealing older eligible convictions by November 16, 2027
- Check your record
- Official status page
Law: N.Y. Crim. Proc. Law § 160.57 (L. 2023, ch. 631)
Marijuana records in New York
Under the Marihuana Regulation and Taxation Act (2021), many old marijuana convictions are vacated, dismissed and expunged automatically and treated as never having happened. This covers former marijuana possession and sale offenses, older drug convictions where marijuana or concentrated cannabis was the only drug and the conviction was a misdemeanor or violation, and some newer cannabis offenses under Penal Law 222.10, 222.15, 222.25 and 222.45. You can ask for the expunged records to be destroyed.
Law: The same provision also expunges convictions for loitering for prostitution, former Penal Law 240.37; N.Y. Crim. Proc. Law § 160.50(3)(k) and (5)
Juvenile records in New York
Family Court delinquency cases that end in your favor are sealed, and a youthful offender finding for crimes committed at age 16, 17 or 18 (and for some younger 'juvenile offenders') replaces the conviction and makes the record confidential. People convicted of a non-violent crime at age 16 or 17 may apply for a Youth Pardon from the Governor.
Law: Family Court Act § 375.1; CPL 720.35
Pardons in New York
- Who decides
- Governor of New York (applications reviewed by the Executive Clemency Bureau of the Department of Corrections and Community Supervision)
- How
- Fill out the pardon application, attach supporting papers and send it to the Executive Clemency Bureau. There is also a special Youth Pardon for non-violent crimes committed at 16 or 17. A pardon does not erase the conviction from your record; a youth pardon leads the courts to restrict public access to it.
Law: N.Y. Const. art. IV, § 4
After your record is cleared in New York
After a case is sealed, employers, landlords, lenders, insurers and licensing agencies may not ask about it or hold it against you, and you may answer as if the arrest or conviction did not happen. Exceptions: records sealed under the Clean Slate Act can still be used by employers and agencies required or authorized by law to run fingerprint checks (for example jobs with children or vulnerable people, and some state education licenses), police and peace officer hiring, and firearm licensing.
Law: N.Y. Exec. Law § 296(16); CPL 160.57(1)(d)
Get your own record in New York
New York State Division of Criminal Justice Services (DCJS)
Request your own record through the DCJS Record Review program: make a fingerprint appointment and pay a fee (you can ask for a fee waiver if you cannot afford it). You can ask for an 'unsuppressed' record (shows sealed cases) or a 'suppressed' record (leaves them out); each is a separate request.
Letter: ask the state records office for a copy of your record
Good to know in New York
- The Clean Slate Act took effect November 16, 2024; courts have until November 16, 2027 to seal all older eligible convictions.
Law: CPL 160.57(6)
- A plea deal cannot make you give up your right to Clean Slate sealing; such a waiver is void.
Law: CPL 160.57(4)
- Sealing by application is only for people whose whole record has no more than two criminal convictions and no more than one felony; several convictions from one incident count as one.
Law: CPL 160.59; CPL 160.59(1)(a), (3)(h)
Changes in 2024–2026
Clean Slate Act automatic sealing began November 16, 2024, with a deadline of November 16, 2027 to seal older eligible convictions. The statute was amended in 2024 (revision dated November 22, 2024 on the Senate site).
Law: CPL 160.57
Questions about clearing a record in New York
What is clearing a record called in New York?
Sealing (and expungement for certain marijuana convictions). In New York most relief is sealing: the record is not destroyed, but it is closed to the public and to most employers and landlords. Police, courts, prosecutors, gun-licensing agencies and some employers required by law to run fingerprint checks can still see it. Certain old marijuana convictions are expunged, which means vacated and treated as if they never happened.
Can convictions be cleared in New York?
Sealing of cases that ended in your favor: Arrests and charges that ended in your favor: dismissal, acquittal, declined prosecution, adjournment in contemplation of dismissal (ACD) once dismissed. Sealing of violation and traffic-infraction convictions: Convictions for non-criminal offenses (violations) and traffic infractions, such as disorderly conduct. Sealing of certain convictions by application: Up to two eligible convictions (misdemeanor or felony), of which no more than one can be a felony; several convictions from one criminal incident count as one. Conditional sealing after drug treatment / judicial diversion: Drug convictions and certain specified offenses after you complete a judicial diversion or court-sanctioned drug treatment program, plus up to three prior drug misdemeanors.
How long do I have to wait in New York?
Case dismissed, acquitted or otherwise ended in your favor: No waiting period, counted from the end of the case; Violation (non-criminal) conviction: No waiting period, counted from the conviction; Misdemeanor or felony conviction: 10 years, counted from the sentencing on your latest conviction, or your latest release from jail or prison if you were incarcerated (including jail time given with probation); Drug conviction after completing judicial diversion or drug treatment: No waiting period, counted from completing the program and the sentence.
Does New York clear records automatically?
Most New York misdemeanor convictions are sealed automatically 3 years after sentencing or release from incarceration, and most felony convictions 8 years after sentencing or last release. A new conviction restarts the clock for older ones. You must not have a pending charge in New York or be on probation or parole for that case. Sex offenses and sexually violent offenses (as defined for the sex offender registry, Correction Law 168-a) and class A felonies (except class A drug felonies) are never sealed. The 3- and 8-year clocks run from the date of sentencing or, if you were jailed, from your release. Driving while ability impaired (VTL 1192(1)) convictions are sealed after 3 years. Courts, police, gun-licensing agencies and employers that must run fingerprint checks (for example, jobs with children, the elderly or vulnerable people) can still see sealed convictions.
Can a marijuana record be cleared in New York?
Under the Marihuana Regulation and Taxation Act (2021), many old marijuana convictions are vacated, dismissed and expunged automatically and treated as never having happened. This covers former marijuana possession and sale offenses, older drug convictions where marijuana or concentrated cannabis was the only drug and the conviction was a misdemeanor or violation, and some newer cannabis offenses under Penal Law 222.10, 222.15, 222.25 and 222.45. You can ask for the expunged records to be destroyed.
Can juvenile records be cleared in New York?
Family Court delinquency cases that end in your favor are sealed, and a youthful offender finding for crimes committed at age 16, 17 or 18 (and for some younger 'juvenile offenders') replaces the conviction and makes the record confidential. People convicted of a non-violent crime at age 16 or 17 may apply for a Youth Pardon from the Governor.
What can I say after my record is cleared in New York?
After a case is sealed, employers, landlords, lenders, insurers and licensing agencies may not ask about it or hold it against you, and you may answer as if the arrest or conviction did not happen. Exceptions: records sealed under the Clean Slate Act can still be used by employers and agencies required or authorized by law to run fingerprint checks (for example jobs with children or vulnerable people, and some state education licenses), police and peace officer hiring, and firearm licensing.
How do I get a copy of my criminal record in New York?
Request your own record through the DCJS Record Review program: make a fingerprint appointment and pay a fee (you can ask for a fee waiver if you cannot afford it). You can ask for an 'unsuppressed' record (shows sealed cases) or a 'suppressed' record (leaves them out); each is a separate request.
Where can I get free help in New York?
Legal Action Center (free RAP sheet and sealing help for eligible New Yorkers) and LawHelpNY – Records for Crimes.