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Sealing, clean slate, or certificate of relief from disabilities in New York

Can I clear my record in New York?

New York clears records by sealing rather than expunging.

Some records clear automatically

How did your case end?

Pick the one that matches. We'll show the routes New York law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

The Clean Slate Act (CPL 160.57), in effect since November 16, 2024, automatically seals most misdemeanor convictions 3 years and most felony convictions 8 years after sentencing or release, but the courts have until November 16, 2027 to finish sealing older records. People can also apply to a judge to seal up to two convictions, no more than one of them a felony, after 10 years (CPL 160.59). Cases that end in your favor are sealed automatically, and certificates of relief or good conduct can lift job and licensing barriers without sealing.1,2,3,4

Checked October 21, 2026 against 21 sources, starting with New York law, then by a second reader.

What it's called
Sealing, clean slate, or certificate of relief from disabilities1,2,3
Automatic clearing
Yes, for some records, since November 16, 20241,2,3
DUI or DWI
Can be cleared1,4,12
Filing fee
No filing fee1,2,3
Fee waiver
Not confirmed

Sealing

Clean Slate automatic sealing (CPL 160.57)

Eligible convictions are sealed automatically, with no application. Sealed records are not available for most civil background checks, and under Executive Law 296(16) employers, landlords, lenders and insurers generally may not ask about or act on them. Courts, prosecutors and law enforcement can still see them, as can firearms licensing officials, employers hiring police or peace officers, entities required by law to run fingerprint-based checks, the State Education Department for certain licenses, and others listed in 160.57(1)(d). A sealed conviction can still be used to enhance a sentence in a later case, and Department of Motor Vehicles records are not sealed.1,2,3

What it's for: Most New York misdemeanor and felony convictions after a waiting period, plus convictions for driving while ability impaired (VTL 1192(1)).

Who can use it

  • Misdemeanor: at least 3 years have passed since sentencing, or since release from incarceration if you served time.
  • Felony: at least 8 years have passed since sentencing, or since your last release from incarceration for that sentence.
  • You have no pending criminal charge in New York.
  • You are not under probation or parole supervision for the conviction.
  • Out-of-state records: no pending felony charge or felony conviction elsewhere in the past 8 years (this check applies once the state gets federal access to those records).

What doesn't qualify

  • Sex offenses and sexually violent offenses as defined in Correction Law 168-a.
  • Class A felonies, except Class A drug felonies under Penal Law article 220.
  • Convictions still under sentence, probation, parole or post-release supervision.
  • A new conviction before sealing restarts the clock for earlier convictions.

How long you have to wait

RecordWaiting period
Misdemeanor3 yearsFrom sentencing or release from incarceration, whichever is later.
Felony8 yearsFrom sentencing or last release from incarceration, whichever is later. Time detained for an alleged parole violation doesn't stop the clock unless supervision is revoked and you are reincarcerated.
Driving while ability impaired (VTL 1192(1))3 years

Happens automatically. Sealing is automatic. The law took effect November 16, 2024, and the courts must finish sealing older eligible convictions no later than November 16, 2027; the Office of Court Administration rechecks blocked cases at least quarterly. If records are missing, a request form under Judiciary Law 212(2)(dd) leads to sealing within 30 days. The NY Courts say a form to request review of convictions you believe should have been sealed will be posted by November 16, 2027.

How to apply

  1. Nothing to file: eligible convictions are sealed automatically.
  2. Older convictions may not be sealed yet; the court system has until November 16, 2027.
  3. If you need relief sooner, or your conviction isn't covered, look at sealing by application under CPL 160.59 or a certificate of relief or good conduct.
Where to file
Handled by the NY State Unified Court System (Office of Court Administration) and the Division of Criminal Justice Services.
Cost
Automatic; there is nothing to file.
Court hearing
No
How long it takes
In effect since November 16, 2024; older eligible convictions must be sealed by November 16, 2027.

Sealing

Sealing by application (CPL 160.59)

If the judge grants it, official records of the arrest, prosecution and conviction are sealed. The Division of Criminal Justice Services keeps fingerprints and photos. Sealed records stay available to you, to qualified agencies and law enforcement doing their jobs, to firearms licensing officers, to employers hiring police or peace officers, and to the FBI for gun background checks. A sealed conviction still counts as a prior in a later criminal case.4,5,6

What it's for: Up to two New York convictions, no more than one of them a felony, 10 years after sentencing or release.

Who can use it

  • You have no more than two eligible convictions in total, and no more than one felony.
  • At least 10 years have passed since sentencing on your latest conviction, or since your latest release from incarceration (any later time incarcerated extends the 10 years).
  • You have no pending arrest or charge.
  • You have not been convicted of a crime since the last conviction you want sealed.

What doesn't qualify

  • Sex offenses (Penal Law article 130), offenses under article 263, and offenses requiring sex offender registration.
  • Violent felony offenses (Penal Law 70.02).
  • Class A felonies.
  • Any felony under Penal Law article 125 (homicide offenses), and conspiracies and felony attempts to commit ineligible offenses.
  • People with two or more felonies or more than two crimes in total.
  • People who already reached the sealing maximum under 160.58 or 160.59.

How long you have to wait

RecordWaiting period
Misdemeanor or felony (up to two convictions, one felony)10 yearsFrom sentencing on the latest conviction, or from the latest release from incarceration; time incarcerated after the conviction extends the period.

How to apply

  1. Get a certificate of disposition for each conviction from the court (or explain why one isn't available). NY CourtHelp says it costs $5 outside New York City and $10 in the city.
  2. Fill out the court system's Application to Seal a Conviction after 10 Years (notice of motion and affidavit), sign it before a notary, and attach a sworn statement listing any other sealing applications and explaining why the court should seal the records, with supporting documents (treatment, work, school, volunteering).
  3. File with the court where you were sentenced for the most serious offense (if all are the same level, the court of your last conviction), serve a copy on the district attorney, and file an affidavit of service.
  4. The district attorney has 45 days to object. If the DA objects, there is a hearing; otherwise none is required.
  5. The judge weighs the time since conviction, the offense, your rehabilitation, any victim statement, and public safety.
Where to file
The New York criminal court where you were sentenced for the most serious conviction.
Cost
NY CourtHelp says there is no fee to file the sealing papers. Each certificate of disposition costs $5 outside New York City and $10 in the five boroughs.
Court hearing
Sometimes
How long it takes
The district attorney has 45 days after service to object.

Official forms

Sealing

Conditional sealing after judicial diversion or drug treatment (CPL 160.58)

The conviction (and up to three prior drug misdemeanors) is sealed from most people and agencies, with exceptions for you, law enforcement, gun licensing and police or peace officer hiring. It is conditional: a new misdemeanor or felony arrest or charge unseals the records, which may be resealed if that case ends in your favor.7

What it's for: Drug and marijuana convictions (Penal Law articles 220 and 221, and some 410.91(5) offenses) after completing judicial diversion, DTAP or a similar court-approved drug treatment program.

Who can use it

  • You completed judicial diversion (CPL article 216), a former DTAP program, or a similar court-sanctioned drug treatment program, and finished your sentence.
  • The court may also seal up to three prior misdemeanor convictions under Penal Law articles 220 or 221.

What doesn't qualify

  • The court can't seal while any charged offense is pending.

How long you have to wait

RecordWaiting period
Eligible drug convictionNone after completing the program and sentence

How to apply

  1. Ask the court (or the court may act on its own) after you complete the program.
  2. The court gets your fingerprint-based criminal history and notifies district attorneys, who have at least 30 days to comment; a hearing may be held on request.
Where to file
The court that handled the diversion or treatment case.
Cost
Not stated in the statute.
Court hearing
Sometimes

Certificate of relief

Certificate of Relief from Disabilities (Correction Law 701-702)

Removes automatic bars and forfeitures caused by a conviction, such as automatic loss of a license, permit, job or the right to vote. It does not seal the record, does not stop agencies from considering the conviction in discretionary decisions, and does not restore eligibility for public office.8,9,10

What it's for: People with no more than one felony conviction (any number of misdemeanors).

Who can use it

  • You are an "eligible offender": not convicted more than once of a felony (Correction Law 700).
  • A court can issue it for a conviction in that court if the sentence was revocable or didn't involve commitment to state prison (Correction Law 702). For state prison sentences, a different process applies under Correction Law 703, which we have not reviewed.
  • The court must find relief consistent with your rehabilitation and the public interest.

What doesn't qualify

  • People with two or more felony convictions (see the certificate of good conduct instead).

How long you have to wait

RecordWaiting period
Any eligible convictionNoneIt can be granted at sentencing (covering forfeitures and disabilities) or later (covering disabilities only). If issued while the court can still revoke your sentence, it is temporary until that period ends.

How to apply

  1. Ask the sentencing judge at sentencing, or file a verified application with that court later.
  2. The court may order a probation investigation and report before deciding.
Where to file
The court where you were convicted (for sentences other than state prison).
Cost
Not stated in the statute.

Certificate of relief

Certificate of Good Conduct (Correction Law 703-b)

Grants relief from forfeitures and disabilities caused by a conviction, consistent with your rehabilitation. It does not seal the record. It is temporary while you are under DOCCS supervision and becomes permanent at discharge.11

What it's for: People with any New York conviction (including those with more than one felony) after a period of good conduct, and some people with out-of-state convictions.

Who can use it

  • Misdemeanor as most serious crime: at least 1 year of good conduct.
  • Class C, D or E felony: at least 3 years of good conduct.
  • Class A or B felony: at least 5 years of good conduct.
  • People with out-of-state convictions can apply if they show New York laws that adversely affect them.

How long you have to wait

RecordWaiting period
Misdemeanor1 yearCounted from payment of a fine, suspension of sentence, or release by parole, commutation or end of sentence.
Class C, D or E felony3 yearsSame starting point.
Class A or B felony5 yearsSame starting point.

How to apply

  1. Apply to the New York State Department of Corrections and Community Supervision (DOCCS).
Where to file
NYS Department of Corrections and Community Supervision.
Cost
Not stated in the statute.

Automatic clearing

The Clean Slate Act (S7551, Chapter 631 of 2023, signed November 16, 2023) took effect one year later, on November 16, 2024. It automatically seals most misdemeanor convictions 3 years and most felony convictions 8 years after sentencing or release, if you have no pending charge and aren't on probation or parole. Sex offenses and most Class A felonies are excluded. The courts have until November 16, 2027 to finish sealing older convictions, so as of October 2026 an eligible older record may not be sealed yet. DMV records are not sealed, and sealed convictions stay available to law enforcement, courts, firearms licensing and some employers required to check.1,2,3

DUI and DWI records in New York

DWI convictions are not on Clean Slate's exclusion list. A misdemeanor DWI is sealed automatically 3 years after sentencing or release, a felony DWI after 8 years, and a driving-while-ability-impaired infraction (VTL 1192(1)) after 3 years. DWI is also not on the CPL 160.59 exclusion list, so it can count as one of the two convictions you apply to seal after 10 years. Two big limits: Clean Slate does not seal Department of Motor Vehicles records (CPL 160.57(3)(b)), so your driving record still shows the offense, and a sealed conviction can still be used to enhance penalties for a later offense. DWAI is not covered by the immediate violation sealing in CPL 160.55.1,4,12

Arrests and dismissed charges

When a criminal case ends in your favor (for example dismissal, acquittal, or the prosecutor declining to prosecute), the record is sealed automatically under CPL 160.50 unless the DA or court shows the interests of justice require otherwise; fingerprints and photos are destroyed or returned. When a case ends in a conviction only for a non-criminal violation or traffic infraction, CPL 160.55 seals the arrest and prosecution records automatically, except for driving while ability impaired (VTL 1192(1)), which Clean Slate seals after 3 years instead. Cases that ended before these sealing laws took effect can be sealed on motion with 20 days' notice to the DA.12,13

Marijuana records

Under CPL 160.50(3)(k) and 160.50(5), convictions under former Penal Law article 221 (marijuana possession and sale offenses: 221.05, 221.10, 221.15, 221.20, 221.35 and 221.40), older article 220 and 240.36 cases where marijuana was the only drug and the conviction was only a misdemeanor or violation, article 220.03 and 220.06 cases involving only concentrated cannabis, and convictions under Penal Law 222.10, 222.15, 222.25 and 222.45 are vacated and dismissed, and their records are expunged; the matter is treated as ended in your favor and a nullity. These provisions were added by 2019 and 2021 amendments, and records of convictions entered before the 2019 amendment were to be expunged within one year. This happens without an application.13

What employers can see afterward

Executive Law 296(16) makes it unlawful for any person, agency or corporation, including private employers, to ask about or act against you based on a non-pending arrest that ended in your favor, an adjournment in contemplation of dismissal, a youthful offender adjudication, or a conviction sealed under CPL 160.55, 160.57, 160.58 or 160.59, unless a statute requires or permits it. You may answer as if it never happened. Exceptions include firearms licensing, police and peace officer jobs, law enforcement agency jobs, and the access allowed under CPL 160.57(1)(d). For convictions that aren't sealed, Correction Law Article 23-A (sections 751-753), enforced through Executive Law 296(15), applies to public and private employers: they may deny a job or license because of a conviction only if it has a direct relationship to the job or would create an unreasonable risk to property or safety.14,15,16

Free help in New York

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.17,18,19
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.20,21

This page explains New York's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in New York?" https://secondchanceindex.com/record-clearing/new-york, checked October 21, 2026.

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Sources

Each source was opened and checked on October 21, 2026.

  1. N.Y. Crim. Proc. Law 160.57
  2. S7551 (2023), Chapter 631 of 2023: effective one year after becoming lawNew York State Senate
  3. Criminal History Record Search and Clean Slate ActNew York State Unified Court System
  4. N.Y. Crim. Proc. Law 160.59
  5. Sealed Records: After 10 Years (CPL 160.59)New York State Unified Court System (CourtHelp)
  6. CPL 160.59 Sealing ApplicationNew York State Unified Court System
  7. N.Y. Crim. Proc. Law 160.58
  8. N.Y. Correction Law 700-702
  9. Correction Law 700 DefinitionsNew York State Senate (Consolidated Laws)
  10. Correction Law 701 Certificate of relief from disabilitiesNew York State Senate (Consolidated Laws)
  11. N.Y. Correction Law 703-b
  12. CPL 160.55New York State Senate
  13. CPL 160.50New York State Senate
  14. Executive Law 296 Unlawful discriminatory practicesNew York State Senate (Consolidated Laws)
  15. Correction Law 751 ApplicabilityNew York State Senate (Consolidated Laws)
  16. Correction Law 752 Unfair discrimination against persons previously convictedNew York State Senate (Consolidated Laws)
  17. List of consumer reporting companiesConsumer Financial Protection Bureau
  18. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  19. Employer Background Checks and Your RightsFederal Trade Commission
  20. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  21. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)