New York Record Clearing

Start your journey to a clean record in the Empire State

New York offers sealing for certain criminal convictions and automatic sealing for decriminalized marijuana offenses. Recent legislation has expanded eligibility for record sealing, giving more New Yorkers the opportunity for a fresh start.

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New York The Empire State

Understanding New York Record Clearing

New York has recently expanded options for sealing criminal records

Criminal Record Sealing (CPL 160.59)

New York's primary record clearing mechanism allows for sealing of criminal convictions if:

  • You have no more than two criminal convictions total
  • Only one conviction can be a felony
  • At least 10 years have passed since your last conviction
  • You haven't been convicted of any sex offenses, violent felonies, or Class A felonies

Marijuana Conviction Expungement

After marijuana legalization in New York:

  • Thousands of marijuana convictions are being automatically expunged
  • This applies to possession of small amounts of marijuana
  • Includes both violations and certain misdemeanors
  • You don't need to file a petition for this automatic process

Youthful Offender Records

Special provisions exist for youthful offenders:

  • Youthful offender adjudications are automatically sealed
  • These are not considered criminal convictions
  • They are generally not visible on background checks
  • Special rules apply to these cases for employment purposes

Executive Pardons

For cases not eligible for sealing, a governor's pardon may be an option:

  • Provides more complete relief than sealing
  • Very difficult to obtain
  • Requires exceptional circumstances or compelling rehabilitation evidence
  • New York offers special youth pardons for certain applicants who were 16-17 at the time of conviction

Are You Eligible for Record Sealing in New York?

Take our quick assessment to determine if you may qualify for record clearing in New York

Good news!

Based on your answers, you may be eligible for record sealing in New York under CPL 160.59.

To get a detailed analysis and professional assistance with your case, consider our eligibility verification service.

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You may be eligible

Based on your answers, you may be eligible for some form of record clearing, but your case requires more detailed analysis.

New York law has many nuances, and our legal experts can help determine your best path forward.

Get Expert Review

Automatic Expungement May Apply

If your conviction was for a minor marijuana offense, it may be eligible for automatic expungement under New York's marijuana reform law.

Our experts can verify if your marijuana conviction has been or will be automatically expunged, or if additional steps are required.

Verify Automatic Expungement

You may face challenges

Based on your answers, standard record sealing may be difficult, but other options might be available.

Even if standard sealing isn't available, executive clemency or other remedies might help your situation.

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The New York Record Sealing Process

How we help you clear your record in New York

1

Record Analysis

We review your complete criminal history to determine eligibility under New York's CPL 160.59 and other applicable laws.

2

Petition Preparation

Our team prepares all required documents, including the sealing motion and supporting affidavits specific to your case.

3

Court Filing

We file your petition with the appropriate New York court and serve the District Attorney's office as required by law.

4

Hearing & Follow-Up

We represent your interests at any required hearings and ensure proper implementation of the court's sealing order.

Important New York Record Sealing Laws

Key legal provisions you should understand

CPL 160.59 (Sealing Law)

New York's primary record sealing statute allows eligible individuals to seal up to two criminal convictions (only one of which may be a felony). When a record is sealed:

  • The records are not available to the public
  • Most private employers cannot access the sealed records
  • You can legally say you were not convicted of the sealed offense in most circumstances
  • Law enforcement, some licensing agencies, and gun permit authorities can still see sealed records

CPL 160.50 (Non-Conviction Sealing)

This law provides for automatic sealing of records when:

  • Charges were dismissed or dropped
  • You were acquitted at trial
  • The case was adjourned in contemplation of dismissal (ACD) and later dismissed
  • The conviction was vacated or overturned

Marijuana Regulation and Taxation Act

This 2021 law provides for automatic expungement of many marijuana offenses:

  • Automatic expungement applies to many possession and sale offenses
  • No petition is required for eligible cases
  • The process is ongoing and may take time to be fully implemented
  • Some marijuana convictions may be reduced rather than fully expunged

Limitations to Be Aware Of

New York record sealing has some important limitations:

  • Violent felonies, sex offenses, and Class A felonies cannot be sealed under CPL 160.59
  • You must wait at least 10 years after conviction or release from incarceration
  • Law enforcement and some government agencies can still access sealed records
  • Gun license applications will reveal sealed convictions

Frequently Asked Questions

Common questions about record sealing in New York

The timeline for sealing records in New York typically ranges from 4-8 months, though it can vary significantly depending on the county and court backlog. After filing the petition, the district attorney has 45 days to oppose the sealing. If there's no opposition, the court may make a decision without a hearing. If there is opposition or the court requests one, a hearing will be scheduled, which can extend the timeline.

No, sealing in New York does not completely erase your record. When a record is sealed under CPL 160.59, it becomes hidden from public view, including most employers and background check companies. However, sealed records remain visible to law enforcement agencies, some licensing boards, and gun permitting authorities. Additionally, sealed records can still be used against you in future criminal proceedings and sentencing if you're convicted of a new crime.

If you have more than two convictions in New York, standard sealing under CPL 160.59 is generally not available. However, there are some important nuances: If you have multiple convictions from a single criminal incident that were prosecuted together, they may count as one conviction for sealing purposes. Additionally, violations and traffic infractions are not counted as "criminal convictions" for sealing eligibility. For those with more than two convictions, a governor's pardon may be an alternative path to consider.

Under the Marijuana Regulation and Taxation Act of 2021, many marijuana-related convictions in New York are eligible for automatic expungement. This means you don't need to file a petition or application. The process is handled by the Office of Court Administration and the Division of Criminal Justice Services. The implementation is ongoing, and it can take time for all eligible records to be processed. If you believe your marijuana conviction should be expunged but it hasn't been yet, our team can help verify your eligibility and status in the expungement process.

Ready to Clear Your New York Record?

Take the first step toward a fresh start with Expungify's New York record sealing services.

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