New York criminal record sealing happens one of three ways: automatically when a case ends in your favor, automatically under the Clean Slate Act after a waiting period for most convictions, or through a petition you file with the court under Criminal Procedure Law 160.59. Which path applies depends on how your case ended and what you were convicted of. Sealing hides the record from most private employers and landlords, but law enforcement, licensing boards, and immigration authorities keep access.
If Your Case Ended in Your Favor, Sealing Is Automatic
Under CPL 160.50, the court seals your record automatically when a criminal case terminates in your favor. That covers acquittals at trial, dismissals by a judge, cases where a grand jury declines to indict, and charges that are otherwise dropped.1New York State Senate. New York Criminal Procedure Law 160.50 – Order Upon Termination of Criminal Action in Favor of the Accused The court clerk notifies the Division of Criminal Justice Services and the arresting agencies, which must seal their records and destroy the fingerprints and photographs taken at arrest.2New York State Unified Court System. Quick Reference – Criminal Sealing Process
A district attorney can ask the court to keep the records unsealed if the interests of justice require it, with at least five days’ notice to you or your attorney. That is rare. For most people a dismissal or acquittal clears from public view without any paperwork.
Violations and Traffic Infractions Seal Automatically Too
CPL 160.55 covers the middle category: cases that end in a conviction, but only for a non-criminal offense like a violation or traffic infraction. Disorderly conduct, trespass, and most traffic violations fall here.3New York State Unified Court System. Sealed Violations and Infractions Sealing is automatic, and fingerprints and photographs are destroyed. Two offenses are carved out and do not qualify: driving while ability impaired under Vehicle and Traffic Law 1192(1), and loitering for the purpose of engaging in a prostitution offense under Penal Law 240.37.4New York State Senate. New York Criminal Procedure Law 160.55 – Order Upon Termination of Criminal Action by Conviction for a Traffic Infraction or Violation
The Clean Slate Act: Automatic Sealing of Convictions
Signed on November 16, 2023 and effective November 16, 2024, the Clean Slate Act is the biggest expansion of record sealing in New York’s history. Unlike the petition process under CPL 160.59, it requires no application and no filing on your part. The court system has until November 16, 2027 to work through all eligible records on a rolling basis, so an eligible record may not be sealed the day you become eligible.5New York State Unified Court System. New York State’s Clean Slate Act
Waiting Periods
Misdemeanor convictions become eligible three years after sentencing or three years after release from incarceration, whichever is later. Felony convictions become eligible after eight years, measured the same way. Throughout the waiting period you cannot be on parole, probation, or post-release supervision, and you cannot have pending misdemeanor or felony charges. A new conviction before the original record seals resets the clock.
What the Clean Slate Act Does Not Cover
Sex offenses and most Class A felonies, including murder, are permanently ineligible. Class A drug felonies are the exception and can be sealed under the Act. Anyone required to register as a sex offender, anyone serving a life sentence, and anyone with pending criminal charges is also excluded.6New York State Assembly. Clean Slate Act – What It Does If your record qualifies but has not yet been sealed as the courts work through the backlog, you can still file a petition under CPL 160.59 if you meet those requirements.
Marijuana Convictions: Expungement, Not Just Sealing
The Marijuana Regulation and Taxation Act created a stronger remedy for cannabis-related convictions: full expungement. Possession of up to 16 ounces of marijuana, sale of up to 25 grams, and related offenses under the former Penal Law Article 221 and parts of the newer Article 222 are automatically expunged, with no filing or fees required. If the only controlled substance in a case was concentrated cannabis, offenses like criminal possession of a controlled substance in the seventh degree also qualify.7New York State Unified Court System. Cannabis (Marihuana) and Expungement Under New York State Law
Expungement goes further than sealing: the record is treated as though it never existed, rather than hidden from public view. The courts do not notify you when the expungement happens. To confirm it, request a Certificate of Disposition from the court where the case was decided.
Sealing Convictions by Petition Under CPL 160.59
For convictions that do not qualify for automatic sealing or marijuana expungement, CPL 160.59 is the petition-based path. It has been available since 2017 and is discretionary: a judge reviews your application and decides. The process is still useful if you cannot wait out the Clean Slate rollout or need control over the timeline.
Who Qualifies
You must wait at least ten years from your most recent sentence or release from incarceration, whichever came later. Time spent incarcerated does not count toward the ten years.8New York State Senate. New York Criminal Procedure Law 160.59 – Sealing of Certain Convictions You can seal up to two convictions, and no more than one can be a felony.9NYCourts.gov. Sealed Records – After 10 Years (CPL 160.59)
The court must deny your application outright if any of these apply:
- You are required to register as a sex offender.
- You have pending criminal charges.
- You were convicted of any crime after your last conviction for which you are seeking sealing.
- You have already obtained the maximum number of sealings allowed.
- You have two or more felony convictions or more than two total convictions.
Offenses That Can Never Be Sealed This Way
CPL 160.59 permanently excludes sex offenses under Penal Law Article 130, offenses involving the sexual exploitation of children under Article 263, homicide offenses under Article 125, violent felonies as defined in Penal Law 70.02, Class A felonies, felony-level conspiracy where the underlying offense is itself ineligible, and any offense requiring sex offender registration. The specific Penal Law section on your Certificate of Disposition is what controls.
How to File
Start by getting a Certificate of Disposition from the court clerk where your case was decided. The dates, docket or index number, arrest date, Penal Law section, and sentence details on your application must match that document exactly. File in the court where your most serious conviction occurred. There is no filing fee.9NYCourts.gov. Sealed Records – After 10 Years (CPL 160.59)
Serve a copy of the motion on the District Attorney in the county of conviction. The DA has 45 days to object. If no objection comes, the judge may grant sealing without a hearing. If the DA objects, the court schedules a hearing and the judge weighs your rehabilitation, the nature of the offense, and public safety. Include a sworn statement explaining why sealing is warranted.8New York State Senate. New York Criminal Procedure Law 160.59 – Sealing of Certain Convictions
What Sealing Actually Does, and Who Can Still See the Record
Sealing suppresses the record from public view and from most private background checks. It does not erase the record. The following keep access:
- Law enforcement, prosecutors, and courts.
- Any agency processing a firearm license application.
- Any agency hiring police or peace officers.
- The Department of Motor Vehicles.
- Private transportation companies such as Uber and Lyft.
- Employers required or authorized by law to conduct fingerprint-based background checks, especially those working with children, elderly adults, or other vulnerable populations.
- Immigration agencies, including USCIS.
The general public, most private employers, and landlords cannot see sealed records.10New York State Unified Court System. Sealed Criminal Records
FBI Records
When New York seals a record, the Division of Criminal Justice Services is supposed to notify the FBI. The FBI does not seal state records on its own; it acts on the state’s request. That can leave a gap between when New York seals your record and when the FBI’s database reflects it. If your FBI Identity History Summary still shows a sealed conviction, you can challenge it at no cost by submitting a written request with supporting documentation, such as a copy of the sealing order. The FBI processes challenges in the order received, averaging about 45 days.11Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions
Immigration
Sealing a record in New York has no effect on your obligations to federal immigration authorities. USCIS requires you to disclose all criminal arrests and convictions on naturalization and visa applications, including sealed or expunged ones. Failing to disclose is itself a ground for denial. The Board of Immigration Appeals has held that state court actions to vacate, dismiss, or expunge a conviction under a rehabilitative statute do not remove the conviction from the immigration analysis.12U.S. Citizenship and Immigration Services. Volume 12 – Citizenship and Naturalization, Part F – Good Moral Character, Chapter 2 – Adjudicative Factors Convictions for controlled substance offenses or crimes involving moral turpitude remain disqualifying even after sealing. Talk to an immigration attorney before assuming a sealed record solves an immigration problem.
Background Check Companies
Private background check companies are consumer reporting agencies under federal law and must follow reasonable procedures to produce accurate reports. The Consumer Financial Protection Bureau has stated that reporting a sealed or expunged record is inaccurate and misleading.13Consumer Financial Protection Bureau. Fair Credit Reporting – Background Screening If a company reports your sealed New York conviction to an employer, it is likely violating the Fair Credit Reporting Act.
Separately, non-conviction dispositions such as arrests, dismissals, and acquittals cannot be reported beyond seven years from the date of the event. If you find a sealed record on a background check, you have the right to dispute it directly with the reporting agency, which must then investigate and correct or remove inaccurate data. A copy of your sealing order or Certificate of Disposition makes that process much faster.
Professional licensing bodies and federal firearm law each have their own rules, and sealing under New York law does not automatically satisfy them. If you work in a regulated industry or have questions about firearm rights after sealing, get specific legal advice before you act.