Keeping an old record from following you
Moving past an old conviction
A criminal record can follow you to job applications, apartment searches and licensing boards long after a sentence is complete. New York law offers several ways to limit who can see a record — and for many records, sealing now happens automatically.
Ways to seal or limit a record in New York
Cases that ended in your favor
When a case is dismissed, you are acquitted or the case otherwise ends in your favor, the records are generally sealed under CPL 160.50. Convictions for non-criminal violations are generally sealed under CPL 160.55. It is worth confirming that the sealing actually took place.
Applying to seal under CPL 160.59
Since 2017, New York has allowed people to apply to seal up to two eligible convictions, no more than one of them a felony, once at least ten years have passed since sentencing or release from incarceration. Sex offenses, class A felonies and violent felony offenses are among those that are not eligible, and the court considers factors such as the circumstances of the offense and your conduct since.
Drug treatment court — CPL 160.58
People who complete a judicially sanctioned drug treatment program may be eligible for conditional sealing of the related conviction and of certain prior drug convictions.
The Clean Slate Act — CPL 160.57
New York's Clean Slate Act took effect on November 16, 2024. It provides for the automatic sealing of many convictions — generally three years after sentencing or release from incarceration for misdemeanors, and eight years for felonies — as long as there is no new conviction or pending charge and the person is not on probation or parole. Sex offenses and most class A felonies are excluded. The state has until November 2027 to seal older eligible records, so many people are still waiting for their records to be processed.
Marijuana convictions
The Marihuana Regulation and Taxation Act of 2021 required the expungement of many past marijuana convictions for conduct that is no longer a crime.
What sealing does — and does not — do
- Sealed records are generally not available to most private employers and landlords.
- Sealed records remain available to certain agencies and in certain situations — for example, some law enforcement purposes, firearm licensing and particular types of employment.
- Sealing restricts access to a record; it does not erase the conviction for every purpose.
Sealing and immigration: an important warning
For immigration purposes, a sealed or expunged conviction generally still counts as a conviction. Noncitizens applying for a green card, citizenship or other immigration benefits usually must still disclose sealed arrests and convictions — and failing to disclose can itself lead to a denial. If the goal is to eliminate the immigration consequences of a conviction, sealing is not enough; a motion to vacate based on a legal defect may be required. We advise on both before anything is filed.
Certificates of relief and good conduct
A Certificate of Relief from Disabilities or a Certificate of Good Conduct (New York Correction Law Article 23) can remove automatic bars to certain licenses and jobs and serves as evidence of rehabilitation. These certificates do not seal a record, but they can be a valuable complement to sealing.
How we help
We obtain and review your criminal history, confirm which records are already sealed, identify which are eligible for automatic or discretionary sealing, and consider whether a different remedy — such as a motion to vacate — would better serve your goals, including your immigration goals.
Frequently asked questions
Is record sealing automatic in New York now?
For many convictions, yes. Under the Clean Slate Act, which took effect November 16, 2024, eligible convictions are sealed automatically after a waiting period — generally three years for misdemeanors and eight years for felonies. The state is processing older records through 2027, and some people may benefit from applying under CPL 160.59 instead of waiting.
What is the difference between sealing and expungement?
Sealed records still exist but are restricted from public view and from most employers. Expungement, available for certain marijuana convictions, treats the conviction as vacated and dismissed for most state purposes. Neither necessarily removes a conviction for federal immigration purposes.
Do I have to disclose a sealed conviction on an immigration application?
In most cases, yes. USCIS and the immigration courts generally require disclosure of all arrests and convictions, including sealed or expunged ones. Get legal advice before completing any immigration form.
Can a felony be sealed?
In many cases, yes. Under CPL 160.59 you may apply to seal up to two convictions, only one of which may be a felony, after ten years. Under the Clean Slate Act, eligible felonies are sealed automatically eight years after sentencing or release. Violent felonies, sex offenses and class A felonies are not eligible under CPL 160.59.
Will sealing restore my right to own a firearm?
Not necessarily. Sealed records remain available for firearm licensing and certain other purposes, and federal law has its own rules. Speak with a lawyer about your specific situation.