Question 1

Can you get a criminal record expunged in New York?

Accepted Answer

New York uses sealing rather than expungement. Under the Clean Slate Act (CPL 160.57), eligible misdemeanor and felony convictions are sealed automatically after waiting periods. People can also apply to a court to seal up to two convictions after 10 years (CPL 160.59). Other sealing provisions cover cases ending in favor of the accused and convictions for non-criminal violations and traffic infractions (CPL 160.50, 160.55). Sealed records are not destroyed and remain available to the person, law enforcement and certain agencies.

Question 2

Can you clear an arrest or dismissed charge in New York?

Accepted Answer

When a criminal case ends in the person's favor (for example, the charges are dismissed or the person is acquitted), the record is sealed automatically unless the prosecutor or the court shows that the interests of justice require otherwise, with at least five days' notice. Fingerprints and photographs are destroyed or returned to the person.

Question 3

Can a misdemeanor be expunged in New York?

Accepted Answer

Under the Clean Slate Act, a misdemeanor conviction is sealed automatically at least 3 years after release from incarceration, or after sentencing if there was no incarceration. Conditions: no criminal charge pending in New York, the person is not under probation or parole supervision for that conviction, and the offense is not a sex offense or sexually violent offense. A later conviction before sealing resets the clock to match the new conviction. Separately, under CPL 160.59 a person with no more than two criminal convictions (at most one felony) may apply to the court once 10 years have passed since the last sentence or release. Sex offenses and other listed offenses are excluded, and open cases bar sealing.

Question 4

Can a felony be expunged in New York?

Accepted Answer

Under the Clean Slate Act, a felony conviction is sealed automatically at least 8 years after the person's last release from incarceration for that sentence, or after sentencing if there was no incarceration. There must be no pending New York charge and no current supervision for that conviction. Excluded: sex offenses and sexually violent offenses, and class A felonies other than class A drug felonies. Under CPL 160.59, one felony (and no more than two convictions in total) may be sealed by application after 10 years. Sex offenses, sexual performance by a child, homicide, violent felonies and class A felonies are ineligible.

Question 5

Does New York have automatic record clearing (clean slate)?

Accepted Answer

Yes. The Clean Slate Act provides automatic sealing of eligible convictions: misdemeanors after 3 years and felonies after 8 years, as described above. Convictions for driving while ability impaired (Vehicle and Traffic Law § 1192(1)) are sealed after 3 years. If a conviction is ineligible only because of a pending charge or current supervision, the Office of Court Administration must recheck eligibility at least every quarter. The Unified Court System says the law took effect November 16, 2024, and the court system has until November 16, 2027 to implement automatic sealing.

Question 6

Can a DUI be expunged in New York?

Accepted Answer

Yes. A conviction for driving while ability impaired (a traffic infraction under Vehicle and Traffic Law § 1192(1)) is sealed automatically after 3 years under the Clean Slate Act. Misdemeanor DWI is a criminal conviction and is not on the Clean Slate exclusion list, so it follows the 3-year misdemeanor rule. The court's CPL 160.59 instructions use a misdemeanor DWI conviction as an example of a conviction that can be listed for sealing. Sealing does not require Department of Motor Vehicles records to be sealed or destroyed.

Question 7

How do you file for expungement in New York?

Accepted Answer

Clean Slate sealing happens automatically, without an application. To seal by application under CPL 160.59: get a certificate of disposition for each conviction, complete and sign the Unified Court System's CPL 160.59 application, and gather supporting documents (such as a Certificate of Relief from Disabilities or Good Conduct, employment, treatment or education records, and reference letters). Serve a copy on the prosecutor in each county, then file the original with the court where you were convicted. The court must obtain a fingerprint-based rap sheet, so you may need to be fingerprinted.

Question 8

What happens after a record is expunged or sealed in New York?

Accepted Answer

When a conviction is sealed under the Clean Slate Act, courts, police, prosecutors and other agencies must mark the records, fingerprints and photographs as sealed and may not use or access them unless the law allows. Sealed records stay available to the person, to courts and prosecutors in pending criminal cases, to law enforcement agencies within their duties, to agencies licensing firearms, to employers of police and peace officers, to the state education department and certain other licensing and care agencies, and to entities required by federal law to consider sealed convictions. To the extent federal law allows, a sealed conviction may not be treated as a conviction that bars employment, licensing or clearance. DNA database and DMV records are not sealed. The courts state that CPL 160.59 sealing does not seal a conviction for immigration purposes.

Question 9

Can old marijuana convictions be cleared in New York?

Accepted Answer

Certain past marijuana convictions are treated by law as cases that ended in the person's favor, so their records are sealed. This covers misdemeanor and violation convictions where marijuana was the only drug involved, convictions under former Penal Law sections 221.05 through 221.40, and some related offenses listed in the statute.

Question 10

How do I check my own criminal record in New York?

Accepted Answer

The New York State Division of Criminal Justice Services (DCJS) is the only official source of New York criminal history records. To get your own record (a Record Review), schedule fingerprinting with IdentoGO online or at 877-472-6915 using service code 15464Z (suppressed record) or 15465F (unsuppressed record), and bring one acceptable ID. The fee is $17.50 in New York or $57.45 at an IdentoGO center outside New York (as of 2/2/2026); out-of-state applicants without a nearby center can use an FD-258 card taken by local police with IdentoGO's Cardscan service. If you cannot pay, request a fee waiver packet from the DCJS Records Review Unit, 80 South Swan St., 5th Floor, Albany, NY 12210. DCJS mails your response in three to four weeks (no in-person pickup); it explains how to challenge inaccurate information.

What relief the state offers	New York uses sealing rather than expungement. Under the Clean Slate Act (CPL 160.57), eligible misdemeanor and felony convictions are sealed automatically after waiting periods. People can also apply to a court to seal up to two convictions after 10 years (CPL 160.59). Other sealing provisions cover cases ending in favor of the accused and convictions for non-criminal violations and traffic infractions (CPL 160.50, 160.55). Sealed records are not destroyed and remain available to the person, law enforcement and certain agencies. Source: N.Y. Crim. Proc. Law §§ 160.50, 160.55, 160.57, 160.59
Arrests and dismissed charges	When a criminal case ends in the person's favor (for example, the charges are dismissed or the person is acquitted), the record is sealed automatically unless the prosecutor or the court shows that the interests of justice require otherwise, with at least five days' notice. Fingerprints and photographs are destroyed or returned to the person. Source: N.Y. Crim. Proc. Law § 160.50(1)
Misdemeanor convictions	Under the Clean Slate Act, a misdemeanor conviction is sealed automatically at least 3 years after release from incarceration, or after sentencing if there was no incarceration. Conditions: no criminal charge pending in New York, the person is not under probation or parole supervision for that conviction, and the offense is not a sex offense or sexually violent offense. A later conviction before sealing resets the clock to match the new conviction. Separately, under CPL 160.59 a person with no more than two criminal convictions (at most one felony) may apply to the court once 10 years have passed since the last sentence or release. Sex offenses and other listed offenses are excluded, and open cases bar sealing. Source: N.Y. Crim. Proc. Law §§ 160.57(1)(b), 160.59; Unified Court System, CPL 160.59 Sealing Application (08/2026)
Felony convictions	Under the Clean Slate Act, a felony conviction is sealed automatically at least 8 years after the person's last release from incarceration for that sentence, or after sentencing if there was no incarceration. There must be no pending New York charge and no current supervision for that conviction. Excluded: sex offenses and sexually violent offenses, and class A felonies other than class A drug felonies. Under CPL 160.59, one felony (and no more than two convictions in total) may be sealed by application after 10 years. Sex offenses, sexual performance by a child, homicide, violent felonies and class A felonies are ineligible. Source: N.Y. Crim. Proc. Law §§ 160.57(1)(b)(ii)–(vi), 160.59; Unified Court System, CPL 160.59 Sealing Application
DUI / DWI convictions	Yes. A conviction for driving while ability impaired (a traffic infraction under Vehicle and Traffic Law § 1192(1)) is sealed automatically after 3 years under the Clean Slate Act. Misdemeanor DWI is a criminal conviction and is not on the Clean Slate exclusion list, so it follows the 3-year misdemeanor rule. The court's CPL 160.59 instructions use a misdemeanor DWI conviction as an example of a conviction that can be listed for sealing. Sealing does not require Department of Motor Vehicles records to be sealed or destroyed. Source: N.Y. Crim. Proc. Law § 160.57(1)(a)–(b), (3)(b); Unified Court System, CPL 160.59 Sealing Application
Past marijuana convictions	Certain past marijuana convictions are treated by law as cases that ended in the person's favor, so their records are sealed. This covers misdemeanor and violation convictions where marijuana was the only drug involved, convictions under former Penal Law sections 221.05 through 221.40, and some related offenses listed in the statute. Summary of the statute's list; read the statute for the exact offenses covered. Source: N.Y. Crim. Proc. Law § 160.50(3)(k)

How to apply	Clean Slate sealing happens automatically, without an application. To seal by application under CPL 160.59: get a certificate of disposition for each conviction, complete and sign the Unified Court System's CPL 160.59 application, and gather supporting documents (such as a Certificate of Relief from Disabilities or Good Conduct, employment, treatment or education records, and reference letters). Serve a copy on the prosecutor in each county, then file the original with the court where you were convicted. The court must obtain a fingerprint-based rap sheet, so you may need to be fingerprinted. Source: N.Y. Crim. Proc. Law § 160.59; Unified Court System, CPL 160.59 Sealing Application (08/2026)
Automatic (clean slate) relief	Yes. The Clean Slate Act provides automatic sealing of eligible convictions: misdemeanors after 3 years and felonies after 8 years, as described above. Convictions for driving while ability impaired (Vehicle and Traffic Law § 1192(1)) are sealed after 3 years. If a conviction is ineligible only because of a pending charge or current supervision, the Office of Court Administration must recheck eligibility at least every quarter. The Unified Court System says the law took effect November 16, 2024, and the court system has until November 16, 2027 to implement automatic sealing. Source: N.Y. Crim. Proc. Law § 160.57(1); Unified Court System, New York State's Clean Slate Act
Getting a copy of your criminal record	The New York State Division of Criminal Justice Services (DCJS) is the only official source of New York criminal history records. To get your own record (a Record Review), schedule fingerprinting with IdentoGO online or at 877-472-6915 using service code 15464Z (suppressed record) or 15465F (unsuppressed record), and bring one acceptable ID. The fee is $17.50 in New York or $57.45 at an IdentoGO center outside New York (as of 2/2/2026); out-of-state applicants without a nearby center can use an FD-258 card taken by local police with IdentoGO's Cardscan service. If you cannot pay, request a fee waiver packet from the DCJS Records Review Unit, 80 South Swan St., 5th Floor, Albany, NY 12210. DCJS mails your response in three to four weeks (no in-person pickup); it explains how to challenge inaccurate information. Source: New York DCJS, Record Review

New York Expungement Laws: How to Clear or Seal a Criminal Record

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