Can You Expunge or Seal Your Criminal Record in New York? Understanding the NYS Clean Slate Act

Having a criminal record can make life difficult, affecting job opportunities, housing, education, and even personal relationships. If you’ve been arrested or convicted in New York, you may wonder if you can expunge or seal your record to move forward with a clean slate.

In November 2024, New York’s Clean Slate Act went into effect under Criminal Procedure Law § 160.57, offering new opportunities for individuals with past convictions. At Vasiliou Law, based in Queens and serving all of New York, we help clients navigate the record-clearing process and take advantage of this new law. Here’s what you need to know about expungement, record sealing, and how the Clean Slate Act could help you.

Does New York Allow Expungement?

Unlike some other states, New York does not allow full expungement of adult criminal records. This means your conviction cannot be completely erased as if it never happened. However, with the Clean Slate Act, many criminal records will now be automatically sealed after a certain period, limiting who can access them.

This law is designed to help people move forward without their past convictions following them forever, making it easier to apply for jobs, housing, and professional licenses.

Understanding the Clean Slate Act: Who Qualifies?

Under the Clean Slate Act (CPL § 160.57), criminal records are automatically sealed if the following conditions are met:

• Misdemeanors will be sealed three years after the completion of the sentence.
• Felonies will be sealed eight years after the completion of the sentence.
• The individual must not have any pending criminal charges in New York or any other state.
• Sex offenses and Class A felonies (such as murder and terrorism-related crimes) are not eligible for sealing under this law.

If you meet these conditions, your record should be automatically sealed without needing to file a petition. However, if your record is not sealed as expected, an attorney can help ensure your rights are protected.

What’s the Difference Between Sealing and Expungement?

Many people confuse sealing and expungement, but they are different:

• Expungement: In some states, expungement completely erases a criminal record as if the crime never happened. New York does not allow expungement for adult criminal convictions.
• Sealing: When a record is sealed, it is hidden from most background checks but is still accessible to law enforcement and certain government agencies. The Clean Slate Act expands record sealing to more people, helping them move on from past mistakes.

Can You Still Petition to Seal Your Record?

Even if your record does not qualify for automatic sealing under the Clean Slate Act, New York Criminal Procedure Law § 160.59 allows individuals to petition for record sealing. To qualify, you must:

• Have no more than two criminal convictions (only one can be a felony).
• Have completed your sentence at least 10 years ago if seeking sealing through CPL § 160.59.
• Have not committed any new crimes in the last 10 years.
• Not be convicted of a sex offense, violent felony, or Class A felony, which are not eligible for sealing.

Sealing your record through this process requires filing a formal petition and demonstrating to the court that sealing your record serves the interests of justice.

Who Can Still See a Sealed Record?

Even if your record is sealed under the Clean Slate Act or through a court petition, certain entities can still access it, including:

• Law enforcement agencies
• Courts and prosecutors
• Licensing agencies for jobs in law enforcement, healthcare, and education
• Federal agencies (for immigration, security clearances, etc.)

For most private employers and landlords, however, sealed records will no longer appear on background checks.

What If Your Record Cannot Be Sealed?

If your record is not eligible for sealing under the Clean Slate Act or CPL § 160.59, there are still ways to improve your legal status:

• Certificate of Relief from Disabilities (CRD): Helps restore rights lost due to a conviction, such as applying for certain jobs or licenses.
• Certificate of Good Conduct (CGC): Demonstrates rehabilitation and helps with employment opportunities.

While these certificates do not remove a conviction from your record, they show that you have been rehabilitated and can help overcome obstacles in job searches, licensing, and housing applications.

Take the First Step Toward Clearing Your Record

If you have a criminal record and want to know if it qualifies for sealing under the Clean Slate Act or other legal options, Vasiliou Law can help. We assist clients in Queens, Brooklyn, Manhattan, The Bronx, Staten Island, and Nassau County in getting a second chance.

Call us today at 347-967-6141 or visit www.svlawpartners.com for a confidential consultation. Let us help you move forward and regain control of your future.