How To Expunge a Criminal Record in New York

Some states allow defendants to remove or "expunge" 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.

You can seal or "close" 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.

If you want to hide something you did in the past, contact a criminal defense attorney.

Expungement vs. Sealing

What is the difference between expunging criminal records and sealing criminal records?

An expungement 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.

Sealing 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.

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 In 2021, the state repealed Article 221 of the New York Penal Code, so convictions under that article were automatically expunged.

Sealing Records in New York

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).

Some records are automatically sealed by the court (CPL § 160.59). These include:

• Crimes committed by children and youthful offenders
• Traffic offenses and violations, such as disorderly conduct
• "Good result" or favorable disposition cases where the results were acquittal or dismissal

Under New York's new "Clean Slate" Act (CPL § 160.57), which goes into effect on Nov. 16, 2024, the courts will automatically seal most felony and misdemeanor offenses. The law imposes a waiting period after the most recent offense or incarceration, which resets each time the offender reoffends.

• Three years for a misdemeanor
• Eight years for a non-Class-A felony

The waiting period runs from the end date of the last conviction or the sentencing date. This law aims to give non-recidivist offenders a fresh start without their criminal record following them.

Records You Can't Seal

New York law does not allow you to seal all crimes.

• Class-A felonies
• Violent felonies
• Sex offenses and crimes that require sex offender registration
• Federal offenses
• Driving while impaired (DWI)

Most other crimes, including misdemeanor and felony convictions, are sealable.

Benefits of Sealing a Record

If you can't remove your entire record, what are the benefits of sealing it? Sealing your record keeps the details from being available to the public. Although a few people and agencies can access a sealed record, employers and landlords can't.

Once your record gets sealed:

• You do not have to disclose a conviction on job applications; employers can't ask about conviction records. This does not apply to jobs in law enforcement, the military, or any job where you must carry a firearm.
• Landlords and other entities performing routine background checks will not see your rap sheet or conviction records.

Sealing a Criminal Record

When New York's "Clean Slate" sealing law goes into effect in November 2024, the only thing you'll need to do to seal your records is stay out of trouble and avoid any criminal convictions for three to eight years. The courts should expunge all marijuana convictions under repealed Article 221 by law.

You can request a copy of your felony and misdemeanor convictions from the New York Division of Criminal Justice Services to check the status of your records. The site also gives information on the Clean Slate Act and timelines for sealing records.

Even under the new law, you must meet eligibility requirements for the court to seal your criminal case. You can't be on probation or parole and must complete all community service and drug treatment programs or other conditions of release.

Before the new law takes effect, you must request a court order to seal your record. The steps are at New York's Court Help site.

• Request a Certificate of Disposition. You'll need one for each case you want sealed by the court.
• Complete and sign the Sealing Application.
• The Sealing Application and all evidence supporting your proof of rehabilitation are served on the district attorney. You can't just mail it; you need to formally serve the document and get an affidavit of service like other court documents.
• The affidavit of service gets filed with the court along with the original Certificate of Disposition, Sealing Application, and any other documents.

If the court approves your request, you'll get a signed Seal Order officially sealing your conviction record. You should confirm the final status of your record by requesting a verification from the Division of Criminal Justice Services.

If You Can't Seal Your Records

If you have ineligible convictions, there are other ways to improve your employment chances.

A Certificate of Relief from Disabilities lets you apply for public housing and some jobs, even on parole or probation. You can request this certificate at sentencing if you will lose housing because of your conviction.

You may request a Certificate of Good Conduct if you have a non-sealable conviction but have not committed any other offense since your sentencing or release.

With these certificates, you must still disclose your convictions to employers or landlords. They will not seal your records.

Get Legal Advice From a New York Criminal Defense Attorney

As you can see, getting a criminal record sealed is complex and time-consuming. You must meet specific requirements and fill out many forms. You need help from a New York criminal defense attorney to complete this important step in clearing your history and moving on with life.