New York handles criminal record relief very differently from many other states, so the short answer is: true “expungement” is extremely limited, but record sealing and pardons are the main forms of relief. Here’s a clear breakdown of how it works.
🏛️ 1. Expungement in New York (very limited)
- New York generally does NOT allow expungement of criminal convictions (meaning permanent erasure).
- Most felony and misdemeanor convictions stay on your record permanently.
- Exceptions (rare):
- Some marijuana-related offenses have been expunged automatically under recent reforms
- Certain non-criminal violations may be treated similarly to expungement
- Some trafficking-related convictions can be vacated (legally undone)
👉 Bottom line: In New York, “expungement” is not the main path. The state relies on sealing instead.
🔒 2. Record Sealing (the main relief option)
A. Automatic sealing (Clean Slate Act – newest law)
- Under the Clean Slate Act (2023/2024):
- Misdemeanors → sealed after 3 years
- Felonies → sealed after 8 years
- Conditions:
- You must complete your sentence
- Stay crime-free during the waiting period
- Implementation is ongoing, with full rollout expected by 2027.
👉 This is a major change because sealing will become automatic for many people.
B. Sealing by application (CPL §160.59)
You can apply to a court to seal convictions if:
- You have no more than 2 convictions total
- Only one can be a felony
- You’ve waited 10 years since sentencing or release
- You have no pending cases
- You are not convicted of certain excluded offenses (like most sex offenses or violent felonies)
If granted:
- The record is hidden from the public
- Still visible to law enforcement and some agencies
C. Automatic sealing of non-convictions (CPL §160.50 / 160.55)
If your case ended in:
- Dismissal
- Acquittal
- Decline to prosecute
👉 The record is typically automatically sealed and not visible to the public.
D. What sealing actually does
- Your record still exists, but:
- It is hidden from public background checks
- Most employers and landlords cannot see it
- Law enforcement and courts can still access it
👑 3. Pardons (executive clemency)
- In New York, pardons are granted by the Governor
- A pardon:
- Does NOT erase or seal the record
- It is forgiveness, not deletion
- It can restore rights or remove some consequences (like immigration or employment barriers)
⚖️ Key Takeaways
- ❌ No general expungement for convictions
- ✅ Sealing is the primary remedy
- Automatic (Clean Slate) or by application
- ⏳ Waiting periods vary:
- 3 years (misdemeanors, Clean Slate)
- 8 years (felonies, Clean Slate)
- 10 years (application-based sealing)
- 👑 Pardons exist, but do not erase records