The Process and Benefits of Criminal Record “Expungement” in New York
While many states offer true “expungement” that erases criminal history, New York primarily uses a legal process called record sealing, not expungement in the traditional sense. Though technical terminology varies, sealing can provide many of the same benefits as expungement, especially under recent state reforms such as the Clean Slate Act. This article outlines how sealing works in New York, who qualifies, what the process entails, and the significant advantages of a sealed record. For help with record sealing or other matters in Orange County or the mid-Hudson Valley, contact Dupée & Monroe, P.C., to share your needs with an experienced and dedicated Goshen criminal defense attorney.
Understanding Criminal Record Sealing in New York
Under New York law, records of criminal convictions are generally not expunged and will remain on file even after sealing. Additionally, only certain records are hidden from the public through sealing. Sealing removes convictions, not arrests entirely, from most public and private view, although law enforcement, courts, and specific agencies still retain access.
To make matters more confusing, New York Criminal Procedure Law (CPL) offers different sealing mechanisms for different sets of circumstances:
- CPL 160.50: Seals cases where charges were dismissed, vacated, or did not result in a conviction.
- CPL 160.55: Allows sealing of non-criminal dispositions such as traffic infractions or violations.
- CPL 160.58: Permits sealing of some convictions—like drug or marijuana offenses—after completion of diversion or treatment programs.
- CPL 160.59: Enables sealing of up to two convictions (one felony maximum, with limits) after a 10-year waiting period, provided eligibility criteria are met.
The Clean Slate Act: Automatic Sealing for Most Convictions
In November 2024, New York enacted the Clean Slate Act (CPL 160.57), a milestone reform mandating automatic sealing of eligible conviction records. Instead of requiring individuals to apply in court, many cases will be sealed by the system itself after a waiting period: three years for misdemeanors and eight years for felony convictions, both measured from sentencing or release, whichever is later.
Although the law is currently in effect, the court system has up to three years (until November 16, 2027) to put the sealing system into place. If your record has not been sealed by that time but you think it should have been, you or your lawyer can petition the court for a review of your record.
Note that the Clean Slate Act excludes certain serious offenses from automatic sealing, including sex crimes, most Class A felonies (except drug-related convictions), and crimes requiring registry or life sentences.
Who Is Eligible for Sealing and When?
Automatic Sealing under Clean Slate
To qualify for automatic sealing:
- Must have a misdemeanor or felony conviction under NY state law.
- Must complete all sentence terms, including probation or parole.
- Must have no additional criminal convictions during the waiting period.
- Convictions must not be for excluded offenses noted above.
For example, if you received a misdemeanor three years ago and have remained conviction-free, the record should be sealed automatically. A felony must wait eight years under the same conditions.
Court-Order Sealing under CPL 160.59
For someone who does not qualify for Clean Slate or wishes to seal convictions under the old 10-year rule:
- You may petition the court if you have no more than two misdemeanor convictions or one felony and one misdemeanor.
- At least ten years must pass from the conviction or release date.
- You must remain free of new convictions during that period.
- Courts retain discretion to grant or deny sealing based on individual circumstances, especially if offenses are serious or repeated.
The Sealing Process
How Automatic Sealing Works
Under Clean Slate, eligible cases will be sealed without any action required by the individual. Once the Office of Court Administration and Division of Criminal Justice Services (DCJS) complete implementation, cases meeting eligibility criteria are sealed systematically. This process is to be fully completed by November 16, 2027.
How to Petition for Sealing Manually
If you qualify under CPL 160.59 (the 10-year rule):
- Hire legal counsel to prepare and file a motion in the sentencing court.
- The motion includes documentation proving eligibility: timelines, criminal history, rehabilitation, and no recent convictions.
- If granted, the court issues an order sealing the case, which DCJS and law enforcement must honor for most public and private inquiries.
What a Sealed Record Means—and What It Doesn’t
Once a case is sealed:
- It will not appear on most background checks related to job applications, housing, education, or lending.
- Employers and licensing agencies generally cannot ask about sealed convictions or take adverse action for them, including requests during interviews or applications.
However, sealed records remain available to certain entities:
- Law enforcement and courts for future criminal cases.
- Agencies administering firearm licensing.
- Immigration authorities and prosecutors.
- Employers in sensitive areas (e.g., working with minors, the elderly, the disabled) or roles requiring fingerprint-based background checks.
Real Life Benefits of Sealing a Record
Sealing a criminal record offers profound benefits:
- Improved Employment Opportunities
With a sealed record, you can compete for jobs without disqualification due to prior convictions. Many hiring managers screen out applicants based on criminal history alone, but sealed records help level the playing field. - Access to Housing and Education
Landlords and colleges often deny applicants with visible criminal records. Sealing helps remove that barrier and opens doors to stable housing and educational advancement. - Elimination of Collateral Consequences
Many collateral bans, such as losing eligibility for public benefits, professional licenses, or security clearances, relate to visible convictions. Sealing can remove or minimize these limitations. - Economic Gains
Analysis from the NYC Comptroller predicts that automatic sealing under Clean Slate could generate billions in increased annual wages, particularly benefiting communities disproportionately impacted by past convictions. - Reduction in Recidivism
Studies suggest that when individuals move forward unencumbered by stigma, reoffending rates drop, improving public safety and community outcomes.
When to Consult a Criminal Defense Attorney
The laws around sealing can be nuanced. Consider working with a lawyer in the following circumstances:
- If your conviction is close to qualifying under Clean Slate or CPL 160.59.
- If you have more than two convictions or complex records.
- If there’s uncertainty about eligibility or required documentation.
- If you’re facing employment, licensing, or immigration questions.
An experienced attorney can clarify whether you qualify for automatic or court-ordered sealing, provide detailed guidance or file motions on your behalf, and ensure your rights are protected and the sealing yields maximum benefit.
Record Sealing in New York: A Key Second-Chance Tool
While New York does not technically offer “expungement,” record sealing—particularly through the Clean Slate Act—is a powerful tool for rebuilding your life. It hides convictions from most public and private actors and restores opportunities for gainful employment, housing, and education. The legislature has made it easier than ever for eligible individuals to qualify for sealing, and the long-term benefits are both practical and profound.
Contact Dupée & Monroe, P.C. for Help with Sealing and Second-Chance Relief
If you have convictions that may qualify for sealing—whether under automatic process or court order—or need to explore eligibility under CPL 160.59, Dupée & Monroe, P.C. in Goshen is here to help. Our attorneys serve clients throughout Orange County and the Hudson Valley, offering confidential assessments of your eligibility, legal representation to petition the court or confirm automatic sealing, strategic guidance for minimizing collateral consequences, and assistance if record errors or inaccuracies arise on your criminal history.
Reach out today to schedule a consultation. Together, we can explore your options and work to unlock the doors that sealing can open.
