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Criminal Record Expungement

New YorkCriminal Expungement

Learn how to clear arrests and convictions from your criminal record in New York.

Clean Slate State

New York has automatic expungement laws. Some eligible records may be cleared without filing a petition.

At a Glance

$95Filing Fee
YesFee Waiver
YesClean Slate
Check Eligibility →

Legal Terminology in New York

Expungement

sealing

Sealing

sealing

Eligibility Requirements

General requirements for criminal record expungement in New York.

Generally Not Eligible

Violent Felony Offenses (NY Penal Law Article 70.02)

  • Murder (any degree)
  • Manslaughter I
  • Manslaughter II (if committed as hate crime)
  • Aggravated Manslaughter I
  • Aggravated Manslaughter II
  • Criminally Negligent Homicide (if committed as hate crime)
  • Aggravated Vehicular Homicide
  • Rape I
  • Criminal Sexual Act I
  • Aggravated Sexual Abuse I
  • Aggravated Sexual Abuse II
  • Course of Sexual Conduct Against a Child I
  • Course of Sexual Conduct Against a Child II
  • Predatory Sexual Assault
  • Predatory Sexual Assault Against a Child
  • Kidnapping I
  • Kidnapping II
  • Burglary I
  • Burglary II (entering dwelling)
  • Arson I
  • Arson II
  • Robbery I
  • Robbery II
  • Assault I
  • Gang Assault I
  • Gang Assault II
  • Strangulation I
  • Intimidating a Victim or Witness I
  • Hindering Prosecution I (violent felony)
  • Criminal Use of a Firearm I
  • Criminal Sale of a Firearm I

Sex Offenses Requiring Registration (SORA - Correction Law § 168-a)

  • Any offense requiring registration under Sex Offender Registration Act (SORA)
  • Sexual Abuse I, II, or III
  • Rape II or III
  • Criminal Sexual Act II or III
  • Forcible Touching (repeat offense)
  • Sexual Misconduct
  • Incest
  • Promoting Prostitution I or II
  • Sex Trafficking
  • Use of a Child in a Sexual Performance
  • Promoting an Obscene Sexual Performance by a Child
  • Possessing an Obscene Sexual Performance by a Child
  • Promoting a Sexual Performance by a Child
  • Failure to Register as Sex Offender
  • Sexually Violent Offense (defined in Correction Law § 168-a[3])
  • Any offense in Penal Law Article 130 (sex offenses)
  • Any offense in Penal Law Article 263 (sexual performance by a child)

Class A Felonies (Except Drug Offenses - PL Article 220)

  • Any Class A-I felony (except drug trafficking under PL Article 220)
  • Any Class A-II felony (except drug trafficking under PL Article 220)
  • Note: Class A drug felonies ARE eligible for Clean Slate sealing
  • Operating as a Major Trafficker (A-I drug felony) - ELIGIBLE for sealing
  • Criminal Sale of a Controlled Substance in the First Degree (A-I) - ELIGIBLE for sealing

Homicide Offenses (Penal Law Article 125)

  • Murder in the Second Degree
  • Murder in the First Degree
  • Manslaughter in the First Degree
  • Manslaughter in the Second Degree
  • Criminally Negligent Homicide
  • Vehicular Manslaughter in the First Degree
  • Vehicular Manslaughter in the Second Degree
  • Aggravated Vehicular Homicide
  • Aggravated Manslaughter in the First Degree
  • Aggravated Manslaughter in the Second Degree

Attempts and Conspiracies to Commit Ineligible Offenses

  • Attempt to commit any Class A felony (non-drug)
  • Attempt to commit any violent felony
  • Attempt to commit any sex offense
  • Attempt to commit homicide
  • Conspiracy to commit an ineligible offense (if conspiracy is a felony)
  • Criminal Facilitation of an ineligible offense

Enterprise Corruption and Terrorism (Penal Law Articles 105, 490)

  • Enterprise Corruption (PL § 105.00 et seq.)
  • Money Laundering in Support of Terrorism
  • Terrorism (any degree)
  • Criminal Possession of a Chemical Weapon
  • Criminal Use of a Chemical Weapon
  • Hindering Prosecution of Terrorism
  • Note: Enterprise Corruption is ineligible UNLESS the underlying offense is eligible

Pending Matters and Open Cases

  • Any pending criminal charges in New York or any other jurisdiction
  • Active warrant or bench warrant
  • Currently on probation or parole
  • Currently incarcerated or under community supervision
  • Open violation of probation or parole proceeding
  • Revoked release with pending new charge

Multiple Conviction Exclusions (CPL 160.59 - Traditional Sealing)

  • More than two criminal convictions total (for CPL 160.59 sealing)
  • More than one felony conviction (for CPL 160.59 sealing)
  • Note: Clean Slate (CPL 160.57) has NO limit on number of convictions
  • Exception: Convictions from same incident may count as one

Out-of-State Convictions (Clean Slate Exclusions)

  • Felony conviction in another jurisdiction within preceding 8 years
  • Exception: Out-of-state reproductive or gender affirming care felonies DO NOT disqualify
  • Exception: Out-of-state cannabis possession felonies DO NOT disqualify
  • Note: System will check this automatically if federal authorities grant access

The Process

1

Determine Your Sealing Path

Choose between Clean Slate (automatic) or CPL 160.59 (petition-based).

1-2 hours
2

Clean Slate: Wait for Automatic Sealing

If eligible for Clean Slate, sealing happens automatically.

Automatic - no action required
3

Traditional Sealing: Gather Records and Documents

If petitioning under CPL 160.59, collect all necessary documentation.

2-4 weeks
4

Traditional Sealing: Prepare CPL 160.59 Petition

Draft comprehensive petition for court review.

8-20 hours (or hire attorney)
5

Traditional Sealing: File Petition with Court

Submit petition to the court that sentenced you.

1-2 hours
6

Traditional Sealing: Serve District Attorney

Provide prosecutor with notice and opportunity to oppose.

1 week
7

Traditional Sealing: Attend Court Hearing

Appear before judge to argue your petition.

2-4 hours (including wait time)
8

Traditional Sealing: Obtain Signed Order

Get certified copies of the sealing order.

1-2 weeks
9

Verify Records Are Sealed

Confirm all agencies have sealed your conviction records.

60-90 days

Legal Resources

New York State Unified Court System

Official court system website with forms, information, and resources for criminal record sealing

NYS Courts - Criminal Record Sealing

Dedicated page for Clean Slate Act and criminal record sealing information

The Legal Aid Society - Case Closed Project

Free legal assistance for low-income New Yorkers seeking record sealing. Phone: (212) 298-3120, Email: CaseClosed@legal-aid.org

Legal Assistance of Western New York

Free civil legal services for low-income residents of Western New York

Legal Services NYC

Free legal services for low-income New Yorkers in all five boroughs

Empire Justice Center

Statewide legal services support center with resources on criminal records

New York State Bar Association - Lawyer Referral Service

Find attorneys who practice criminal law and record sealing

NYS Division of Criminal Justice Services (DCJS)

Request your criminal history (RAP sheet) and verify sealing

Clean Slate NY Coalition

Information and advocacy organization focused on criminal record relief

NYS Attorney General - Sealing Your Criminal Record

Official guidance on record sealing from the Attorney General's office

Legal Authority

CPL § 160.50

Sealing of certain criminal records - arrests terminated in favor of accused

View source →
CPL § 160.55

Sealing of conviction records upon entry of certain orders

View source →
CPL § 160.57

Automatic Sealing of Convictions (Clean Slate Act)

View source →
CPL § 160.58

Notice to defendant regarding sealing

View source →
CPL § 160.59

Sealing of certain conviction records (Traditional Sealing)

View source →
CPL § 170.55 / § 215.10

Adjournment in Contemplation of Dismissal (ACD)

View source →
CPL § 720.35

Youthful Offender

View source →
Penal Law § 70.02

Definition of Violent Felony Offense

View source →
Penal Law Article 125

Homicide and Related Offenses

View source →
Penal Law Article 130

Sex Offenses

View source →
Penal Law Article 263

Sexual Performance by a Child

View source →
Correction Law § 168-a

Definitions - Sex Offense and Sexually Violent Offense

View source →
Cannabis Law § 228

Automatic expungement of cannabis offenses

View source →
Marijuana Regulation and Taxation Act (MRTA)

Legalization of adult-use marijuana

View source →

Eligibility Timeline Calculator

Find out exactly when you can file for expungement

📋 My Cases

Track your expungement progress across multiple cases

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Need More Help?

Consider consulting with a legal aid organization or attorney for personalized guidance.

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Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice about your specific situation.