How to file to clear a record in New York

Where and how you file in New York, the fee and the official forms.

Checked against official sources: October 25, 2026.

Short answer

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.

Main remedy
Sealing of cases that ended in your favor (CPL 160.50)
Forms
1

Filing step by step 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

Checklist: what to gather before you file

What changes afterwards

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)

Who cannot use these remedies in New York

  • Sealing of violation and traffic-infraction convictions (CPL 160.55): Driving while ability impaired (VTL 1192(1)) is not sealed under this section; it is sealed after 3 years under the Clean Slate Act
  • Sealing of certain convictions by application (CPL 160.59): 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.

Law: N.Y. Crim. Proc. Law § 160.55; N.Y. Crim. Proc. Law § 160.59

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

In nearby states

  • Vermont: No filing fee (Vermont Judiciary; 32 V.S.A. § 1431(e)).
  • Connecticut: No court fee for any petition under this section.
  • Pennsylvania: Filing costs are set by each county; ask the clerk of courts.

What to do now in New York

  1. Collect what you need

    Gather the papers for each case before you start. Checklist: what to gather before you file.

  3. File with the clerk

    File the petition with the clerk and follow the court's rules for notice to the prosecutor.

Free help in New York

Questions about filing in New York

When can I ask to clear my record 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.

How can I see my New York record?

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.

Is there free help to clear a record in New York?

Legal Action Center (free RAP sheet and sealing help for eligible New Yorkers) and LawHelpNY – Records for Crimes.

Related New York pages