{"id":375199,"date":"2017-05-02T13:59:32","date_gmt":"2017-05-02T18:59:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/how-to-expunge-a-criminal-record-in-new-york.html"},"modified":"2025-04-28T14:47:06","modified_gmt":"2025-04-28T19:47:06","slug":"how-to-expunge-a-criminal-record-in-new-york","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/how-to-expunge-a-criminal-record-in-new-york.html","title":{"rendered":"How To Expunge a Criminal Record in New York"},"content":{"rendered":"\n
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How To Expunge a Criminal Record in New York<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Some states allow defendants to remove or "expunge<\/a>" criminal records after a certain amount of time. New York state is not one of them. New York has no statute allowing defendants to remove felonies or misdemeanors from the record.<\/p>\r\n

You can seal or "close<\/a>" your record. This means that employers and others can’t find your record if they perform a public records search. The bad news: Some of your criminal history is available to those who need to see it.<\/p>\r\n

If you want to hide something you did in the past, contact a criminal defense attorney<\/a>.<\/p>\r\n

Expungement vs. Sealing<\/b><\/h2>\r\n

What is the difference between expunging<\/a> criminal records and sealing criminal records?<\/p>\r\n

An <\/b>expungement<\/b><\/a> completely removes a criminal record from existence. When the courts expunge a criminal record, it is invisible to anyone performing a background check or criminal history check. Some states have statutes that allow expungement for crimes if a person does not reoffend after a certain number of years.<\/p>\r\n

Sealing<\/b><\/a> records means they exist; some agencies can see them if necessary. Some records are automatically sealed in all states; for instance, juvenile records get sealed when an offender turns 18. In some jurisdictions, the prosecutor can review juvenile records if an adult commits the same type of crime.<\/p>\r\n

New York has no expungement laws, except for a few marijuana conviction laws<\/a>. In 2021, the state repealed Article 221 of the New York Penal Code<\/a>, so convictions under that article were automatically expunged.<\/p>\r\n

Sealing Records in New York<\/b><\/h2>\r\n

When you seal your records in New York, or the court seals them automatically, law enforcement returns or destroys your fingerprints, mugshots, and DNA samples. There is no way to remove them from state or federal databases, such as AFIS (Automated Fingerprint Identification System<\/a>).<\/p>\r\n

Some records are automatically sealed by the court (CPL \u00a7 160.59<\/a>). These include:<\/p>\r\n