How Long Does a Felony Stay on Your Record in New York?

A felony conviction in New York stays on your official criminal record permanently. There is no expiration date, no automatic drop-off after a set number of years, and no shelf life built into the Division of Criminal Justice Services database that holds it.¹ What the law does offer are two separate ways to seal the conviction so it stops appearing on standard background checks: an application you can file after ten years, and a new automatic sealing program that will cover many felonies eight years after sentencing or release once the court system finishes building it.

Sealing is not erasure. The underlying data stays in the DCJS system, and certain agencies keep full access. For most private employers and landlords, though, a sealed conviction effectively disappears.

Sealing by Application After Ten Years

Criminal Procedure Law Section 160.59 lets you ask a court to seal a past felony conviction.² Three requirements control eligibility:

At least ten years have passed since your sentencing or your release from incarceration, whichever came later.
You have no new convictions during that ten-year window. A single new conviction makes the application subject to summary denial.
Your total record contains no more than two convictions, and only one of them is a felony. One felony plus one misdemeanor can qualify; two felonies cannot.

You file the application with the court where the most serious conviction occurred. A judge reviews it and weighs factors like time elapsed, evidence of rehabilitation, and the nature of the offense. Approval is not automatic even when the technical requirements are met.

Several categories of felony are permanently excluded from this pathway: violent felonies as defined by Penal Law Section 70.02, sex offenses that require registration under SORA, Class A felonies such as first-degree murder, and any conspiracy or attempt to commit one of those offenses.² If your conviction falls into one of these categories, the application route is closed.

Automatic Sealing Under the Clean Slate Act

New York’s Clean Slate Act took effect on November 16, 2024, and gives the state court system up to three years, until November 2027, to build the infrastructure for automatic record sealing. Once operational, eligible convictions will be sealed without any application from you.³

For felonies, the waiting period is eight years from sentencing or release from incarceration, whichever is later. For misdemeanors, it is three years. You must also be completely off supervision at the moment sealing would occur, meaning no active probation, parole, or post-release supervision, and you cannot have any pending criminal cases.³ A new conviction during the waiting period resets the clock.

The Clean Slate Act reaches more felonies than the application route. Class A drug felonies under Article 220 of the Penal Law are eligible for automatic sealing even though they cannot be sealed under CPL 160.59.⁴ Sex offenses and non-drug Class A felonies, including murder, remain permanently ineligible.¹

Who Can Still See a Sealed Record

Sealing by either route restricts public access but does not block everyone. The following keep full visibility:

Law enforcement agencies at the federal, state, and local level
Prosecutors and courts within the unified court system
Probation and corrections departments
Any agency that issues firearms licenses
Employers of police and peace officers
Child protective services units
The Office of Professional Medical Conduct within the Department of Health

Any employer legally authorized to run fingerprint-based background checks will also continue to see sealed records.⁵ That category covers large parts of healthcare, education, law enforcement, and financial services. If you are applying in one of those fields, sealing offers less practical protection than it does for a typical private-sector job.

If Your Felony Cannot Be Sealed

For convictions that fall outside both sealing programs, or for people who need relief sooner than the waiting periods allow, New York offers two certificates that document rehabilitation. Neither hides the record. Each creates a legal presumption of rehabilitation that can lift specific statutory bars to employment and professional licensing.

Certificate of Relief From Disabilities

You qualify for a Certificate of Relief from Disabilities if you have no more than one felony conviction. Multiple felony convictions imposed on the same day in the same court count as one for this purpose.⁶ You can apply through the sentencing court or through the Department of Corrections and Community Supervision.⁷

Certificate of Good Conduct

If you have two or more separate felony convictions, the Certificate of Relief is unavailable, but DOCCS issues a Certificate of Good Conduct after a waiting period tied to your most serious offense:

Class A or B felony: five years after release from custody or completion of sentence
Class C, D, or E felony: three years
Misdemeanor only: one year

The clock runs from your unrevoked release from custody or from the end date of your sentence, whichever applies.⁸

Executive Clemency

When nothing else fits, including the permanent exclusions for violent felonies and sex offenses, a pardon from the governor is the remaining option. Anyone convicted under New York State law can apply, though pardons are typically considered only after all sentence-related requirements are complete. The application goes to the Executive Clemency Bureau within DOCCS, which compiles your records and forwards the file to the governor’s office. The Board of Parole may also be asked to investigate and report.⁹ Pardons are rare and fully discretionary.

Federal Consequences Sealing Does Not Reach

Sealing a New York record works at the state level only. Several federal consequences of a felony continue regardless of what the state does with the record.

Firearms. Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing, receiving, or transporting firearms or ammunition.¹⁰ Most New York felonies cross that threshold. Sealing does not lift the ban. Restoring federal firearms rights generally requires a governor’s pardon that explicitly addresses them, or a presidential pardon.

Immigration. Non-citizens face mandatory deportation for an “aggravated felony” conviction after admission to the United States. Convictions for crimes involving moral turpitude can also trigger removal, particularly if the offense occurred within five years of admission or if there are two or more such convictions.¹¹ A sealed state record does not stop federal immigration proceedings. A full and unconditional pardon from the governor can eliminate deportability on these grounds; sealing alone cannot.

International travel. Some countries screen for criminal history regardless of sealing. Canada is the most common issue for New Yorkers. A felony that would be an indictable offense under Canadian law can make you inadmissible. You may be “deemed rehabilitated” after ten years have passed since completing your entire sentence, but for more serious offenses you may need to formally apply for rehabilitation before traveling.¹²

1
New York State Division of Criminal Justice Services. Request Your Criminal History
2
New York State Senate. New York Code CPL 160.59 – Sealing of Certain Convictions
3
New York State Unified Court System. New York State’s Clean Slate Act
4
New York State Senate. NY State Senate Bill 2023-S7551A
5
New York State Office of Addiction Services and Supports. FAQ Sheet – Criminal Record Sealing
6
NY CourtHelp. Certificate of Relief from Disabilities
7
Department of Corrections and Community Supervision. Certificate of Relief / Good Conduct and Restoration of Rights
8
New York State Unified Court System. Certificate of Good Conduct
9
New York State Senate. New York Executive Law 259-C
10
Office of the Law Revision Counsel. United States Code Title 18 Section 922
11
Office of the Law Revision Counsel. United States Code Title 8 Section 1227 – Deportable Aliens
12
Government of Canada. Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity