How long you wait to clear a record in New York
How long you wait in New York for each kind of case, and what the waiting period is counted from.
Checked against official sources: October 25, 2026.
Short answer
In New York you wait a set time before you can ask. The time depends on the case.
- Main remedy
- Sealing of cases that ended in your favor (CPL 160.50)
- Waiting periods
- 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)
When can I file 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.
Waiting periods: 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
Waiting periods: 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
Source: Official text
Waiting periods: 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
Source: Official text
Waiting periods: 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
Source: Official text
Automatic relief in New York
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.
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
Law: N.Y. Crim. Proc. Law § 160.57 (L. 2023, ch. 631)
In nearby states
- Vermont: Qualifying misdemeanor conviction: 3 years, counted from completing the terms and conditions of the sentence
- Connecticut: Not guilty or dismissed: No waiting period, counted from end of the time to appeal (or the final appeal decision)
- Pennsylvania: Charges dismissed, withdrawn or not prosecuted: No waiting period, counted from final disposition
What to do now in New York
Get your court papers
Use the dates on your court papers, not your memory.
Read the full rule
Some offenses are never eligible, and a new case can restart or stop the clock.
Prepare your petition
After the wait, the next step is the petition. How to file.
Get help
Legal aid can help for free: Legal Action Center (free RAP sheet and sealing help for eligible New Yorkers) and LawHelpNY – Records for Crimes.
Free help in New York
Questions about waiting periods in New York
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.
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.
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.
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.