New York Record Sealing & Expungement Lawyer

People often search for “expungement” when they want an old criminal record cleared. In New York, however, most adult convictions are not erased through a broad expungement process.

Instead, New York provides several forms of record sealing that can restrict access to eligible convictions. Certain marijuana-related convictions are different and may qualify for actual statutory expungement.

At Barket Epstein Kearon Aldea & LoTurco, LLP, our criminal defense team reviews the complete record before recommending a path. The correct option can depend on the offense, conviction history, sentence and release dates, pending charges, prior sealing relief, and whether the record may qualify under New York's Clean Slate law.

Two Important Paths: CPL 160.59 and New York's Clean Slate Act

New York now has more than one significant mechanism for sealing adult convictions.

They do not use the same eligibility rules or process.

CPL 160.59: Applying to Seal Older Convictions

Criminal Procedure Law §160.59 allows an eligible person to apply to a court to seal up to two qualifying convictions, with no more than one felony.

This relief is not automatic. The court has discretion to grant or deny the application.

A person generally must satisfy requirements that include:

• No more than two qualifying convictions, with no more than one felony
• At least 10 years since the applicable sentence or release from incarceration
• No pending criminal case
• No later conviction that disqualifies the application
• No conviction for an offense excluded by the statute

Certain convictions arising from the same criminal transaction may be treated as one offense when applying the statutory conviction limit.

Sex offenses, specified violent felonies, homicide felonies, Class A felonies, and other offenses identified in the statute are excluded from §160.59 sealing.

Eligibility should be determined from the actual criminal record rather than from memory of how a prior case ended.

Clean Slate: Automatic Sealing Under CPL 160.57

New York's Clean Slate Act took effect on November 16, 2024 and created a separate automatic-sealing system.

For eligible New York convictions, the statute generally establishes waiting periods of:

• Three years for misdemeanor convictions
• Eight years for felony convictions

The calculation depends on the sentence and any incarceration, and later convictions can restart the applicable waiting period.

A person also generally must not have a pending qualifying criminal charge or remain on probation, parole, or post-release supervision for the conviction being sealed.

Sex offenses and most non-drug Class A felonies are excluded.

Clean Slate does not require the same discretionary application used under §160.59.

However, implementation is still important. The Unified Court System has until November 16, 2027 to complete sealing of convictions eligible under the law.

That means meeting the statutory timing requirements does not necessarily establish that a particular record has already been processed and sealed.

A current criminal-history review can help determine what the record actually shows now and whether another form of relief remains useful while statewide implementation continues.

How a CPL 160.59 Application Works

A §160.59 application is generally filed with the court where the most serious conviction was entered. If the convictions are of the same classification, the application generally goes to the court associated with the most recent conviction.

The application must include information required by statute, which can include:

• A Certificate of Disposition or an explanation of why one is unavailable
• Sworn information identifying the conviction or convictions to be sealed
• Disclosure of other sealing applications
• A sworn explanation of why the court should grant sealing
• Supporting documentation when appropriate

The application must also be served on the district attorney.

If the district attorney opposes the request, the court conducts a hearing before deciding whether to seal the conviction. If there is no opposition, a hearing is not automatically required.

The judge can consider factors such as:

• The amount of time since the last conviction
• The circumstances and seriousness of the offense
• Other convictions
• Evidence of rehabilitation
• Work, education, treatment, community service, or other positive changes
• Statements from a victim
• The effect of sealing on reintegration
• Public safety

Meeting the basic eligibility rules therefore does not guarantee that a §160.59 application will be granted.