New York Expungement
New York Record Sealing: Restrict Access to Your Criminal History
New York does not have a traditional expungement law for adult convictions, but CPL § 160.59 allows eligible individuals to petition for sealing of up to two criminal convictions — restricting access to those records from most employers, landlords, and the public while preserving them for law enforcement purposes. The law is targeted, the eligibility criteria are specific, and the process is detailed.
Who Qualifies in New York
Eligibility Requirements
Each case is evaluated individually. The criteria below reflect the general statutory requirements. Your case will be reviewed in detail before any filing.
You may petition to seal up to two criminal convictions, with a maximum of one felony conviction among the sealed records; if both convictions are misdemeanors, both may be sealed.
At least 10 years must have elapsed since the later of your last conviction or your release from incarceration on the conviction you seek to seal, whichever is more recent.
You must not have been convicted of any other crime during the 10-year waiting period; a new conviction restarts the clock and may render the prior conviction ineligible.
The conviction you seek to seal must not be for a Class A felony, a violent felony as defined by New York Penal Law § 70.02, a sex offense requiring registration under the Sex Offender Registration Act, or any offense defined as a "serious offense" under the sealing statute.
You must not currently be under any sentence, including probation, parole, or post-release supervision, for any conviction at the time you file the petition.
Marijuana convictions resulting from conduct that is now legal under the Marijuana Regulation and Taxation Act (MRTA) are eligible for automatic expungement under a separate provision and do not count against your two-conviction limit under CPL § 160.59.
Important exceptions: Class A felonies (which include first-degree murder, first-degree kidnapping, and first-degree arson in New York) are expressly excluded. Violent felonies as defined in New York Penal Law § 70.02, sex offenses requiring SORA registration, and offenses against public administration (such as bribery of a public official) are also ineligible. New York's sealing law restricts access but does not destroy records — sealed records remain accessible to law enforcement, prosecutors, courts, and certain licensing agencies including the Office of Court Administration.
How It Works
The New York Process
We obtain your complete New York State criminal history report (RAP sheet) through the Division of Criminal Justice Services, identify the convictions eligible for sealing, and prepare a detailed petition supported by a statement of the factors in CPL § 160.59(7) that favor relief, including your rehabilitation, community ties, and the time elapsed.
The petition is filed in the court that originally sentenced you on each conviction; because sealed convictions may span multiple counties or courts, we coordinate filings across jurisdictions and ensure proper service on each district attorney's office, which has 45 days to respond and may request a hearing.
If the court grants the petition, the order is forwarded to DCJS, which seals the records in the state repository; we also follow up to ensure that records held by local agencies and the arresting departments are updated, and we advise you on how to answer background check questions once sealing is effective.
Typical Timeframe
6–18 Months
Legal Reference
Governing Statute
The primary legal authority governing expungement in New York is New York Criminal Procedure Law § 160.59; Marijuana Regulation and Taxation Act (for marijuana-specific automatic expungement). This page was last reviewed on January 15, 2025.
State laws change. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in New York for guidance specific to your case. Fresh Start Expungement provides document preparation services, not legal representation.
Related Reading
More on New York Expungement
Expungement in Other States
California
Clear your California criminal record under Penal Code § 1203.4. Learn eligibility requirements, timelines (2–4 months) for CA expungement.
Texas
Texas expunction removes arrests from your record; nondisclosure seals eligible convictions. Learn eligibility and timelines for Texas record clearing.
Florida
Florida offers record sealing (§ 943.059) and expungement (§ 943.0585) for eligible offenses. Timelines 4–6 months.
Georgia
Georgia's "record restriction" under O.C.G.A. § 35-3-37 limits public access to eligible arrest records. Timelines 3–6 months.
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About this service
Fresh Start Expungement is a record-clearing services provider, not a law firm. We coordinate document preparation and filing for individuals seeking expungement. We do not provide legal advice or attorney representation. Complex or contested matters may require independent legal counsel.
Results disclosure
Results are not guaranteed. Eligibility and outcomes depend on state law, conviction type, court approval, and individual case circumstances. Past results do not guarantee future outcomes.
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