New York Clean Slate Act: Automatic Record Sealing
New York's Clean Slate Act, which took effect November 16, 2024, provides for automatic sealing of many older criminal convictions. Under Criminal Procedure Law § 160.57, eligible misdemeanor convictions are sealed three years after release from incarceration (or sentencing, if there was no incarceration), and eligible felonies after eight years, if the person has no pending New York charge and is not on probation or parole. Sex offenses and most non-drug Class A felonies, including murder, are not sealed. Sealed records stay available to law enforcement, courts, prosecutors, and certain fingerprint-based background checks. The court system has until three years after the effective date to finish sealing older convictions.
What the law says
- The Clean Slate Act took effect November 16, 2024. The New York State Office of Court Administration (OCA) has up to three years to build the processes for automatically sealing eligible convictions. NY Division of Criminal Justice Services, Request Your New York State Criminal History
- Under CPL § 160.57, a misdemeanor conviction is sealed once at least three years have passed since release from incarceration or, if there was no incarceration, since sentencing. New York Criminal Procedure Law § 160.57 (NY Senate)
- A felony conviction is sealed once at least eight years have passed since the person's last release from incarceration for the sentence or, if there was no incarceration, since sentencing. New York Criminal Procedure Law § 160.57 (NY Senate)
- Sealing also requires that no New York criminal charge is pending and that the person is not under probation or parole supervision for the conviction. The Governor's Office says the clock restarts if parole or probation is revoked or if there is a new conviction. New York Governor's Office, Governor Hochul signs the Clean Slate Act (Nov. 16, 2023)
- Sex offenses and sexually violent offenses are excluded from automatic sealing, as are Class A felonies other than drug offenses under Penal Law article 220. New York Criminal Procedure Law § 160.57 (NY Senate)
- Sealed records may still be accessed by the person and their lawyer, courts and prosecutors in pending cases, law enforcement agencies acting within their duties, entities legally required to run fingerprint-based checks (such as certain licensing, child-safety, firearms, and education-related bodies), and prospective employers of police or peace officers, among other listed exceptions. New York Criminal Procedure Law § 160.57 (NY Senate)
- A sealed conviction still counts as a conviction for enhancement purposes in a later criminal case, and sealing does not erase restitution, fines, surcharges, or fees owed, or affect active orders of protection. New York Criminal Procedure Law § 160.57 (NY Senate)
- DNA in the state DNA database and Department of Motor Vehicles records are not required to be sealed under the automatic sealing law. New York Criminal Procedure Law § 160.57 (NY Senate)
- Until OCA implements automatic sealing, DCJS says Record Review responses will still show convictions that will eventually be sealed, and DCJS cannot seal records without a court order. NY Division of Criminal Justice Services, Request Your New York State Criminal History
- To see your own New York criminal history, DCJS says you request it through fingerprinting; you can ask for a suppressed copy (without sealed or suppressed information) or an unsuppressed copy (all records), each as a separate request. DCJS lists a $17.50 in-state fingerprint fee (as of 2/2/2026) and offers a fee waiver application. NY Division of Criminal Justice Services, Request Your New York State Criminal History
FAQ
Do I have to apply to get my record sealed under Clean Slate?
Clean Slate sealing is designed to be automatic. The law also says that if an eligible conviction hasn't been sealed and the person or their lawyer submits a valid form, it must be sealed within 30 days of receipt of the form.
When will older convictions be sealed?
For convictions entered before the law's effective date, the law requires OCA to ensure sealing is complete no later than three years after that effective date.
Can employers still see a sealed conviction?
Generally not, but DCJS says employers legally permitted to run fingerprint-based checks, along with police, sheriffs, prosecutors, and courts, will still have access to all records.
Which convictions are never sealed under Clean Slate?
Convictions for sex crimes and non-drug Class A felonies, including murder, will not be sealed, according to DCJS.
Can a plea deal make me give up Clean Slate sealing?
No. The law says a defendant cannot be required to waive sealing eligibility in a plea or sentencing agreement, and any such waiver is void.
Why did the state pass the law?
The Governor's Office described it as helping people who have paid their debt to society and stayed out of the criminal justice system find jobs, housing, and educational opportunities.
Related
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.