Can You Expunge a Criminal Record in New York?

Martin Uli, Esq. · New York attorney registration no. 6128060.

Usually, New York seals rather than erases adult criminal records. The correct path depends on the exact record, disposition, offense, sentence, release date, supervision, pending cases, and jurisdiction.

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Expungement, sealing, and vacatur are different

Expungement is narrow in New York New York Courts states that, except for specified cannabis-related convictions, New York generally does not erase or expunge adult criminal records. Under CPL 160.50, covered convictions are vacated, dismissed, and marked expunged, with destruction available on written request in the circumstances described by the statute.

Sealing limits access but does not erase the record Sealed records continue to exist. Different sealing statutes restrict public access differently and preserve access for specified people, agencies, proceedings, background checks, or licensing purposes. The applicable statute controls.

Vacatur challenges the judgment A motion under CPL 440.10 asks the court to vacate a judgment on one or more statutory grounds. It is not a general record-clearing process based only on the passage of time.

Relief certificates address specified disabilities A Certificate of Relief from Disabilities or Certificate of Good Conduct may address specified automatic disabilities or bars. The conviction remains and may still be considered where the law permits.

1. Identify what each record actually is

A criminal record is not one universal database. The source and purpose of the search matter:

DCJS criminal history record: A person may request a fingerprint-based New York State criminal history response from the Division of Criminal Justice Services. DCJS also explains how to challenge missing or inaccurate arrest, disposition, and sealing information.
New York court search: The Office of Court Administration's Criminal History Record Search is a name-and-date-of-birth search of specified public court records. It excludes sealed records, is not nationwide, is not an FBI search, and is not certified.
Court disposition: A certificate of disposition is an official court document that identifies the charge, conviction, conviction date, and sentence in a particular case. Compare it with the criminal history response rather than assuming a third-party report is complete.
Federal and out-of-state records: New York sealing rules do not control federal or other states' records. A separate record and separate law may apply.

A public background report, a DCJS response, an OCA search, an FBI history, and a court file can have different contents and purposes. One should not be treated as a substitute for all the others.

2. Match the record to a possible New York path

Favorable termination, CPL 160.50 Qualifying dismissals, acquittals, and other dispositions defined by the statute generally trigger sealing, subject to the statute's exceptions and an interests-of-justice determination. CPL 160.60 describes the legal effect of a qualifying favorable termination.

Specified noncriminal dispositions, CPL 160.55 A qualifying conviction for a traffic infraction or violation may trigger partial sealing under CPL 160.55. The statute contains exclusions and preserves specified access.

Clean Slate automatic sealing, CPL 160.57 CPL 160.57 provides for automatic sealing of many eligible New York convictions after statutory waiting periods. The general periods are three years for a misdemeanor and eight years for a felony, measured as the statute directs. Pending charges, supervision, subsequent convictions, excluded offenses, and other statutory conditions can affect eligibility. Sex offenses and sexually violent offenses are excluded. Class A felonies are excluded except for offenses defined in Penal Law article 220.

Application-based sealing, CPL 160.59 CPL 160.59 permits a discretionary application to seal up to two eligible convictions, no more than one of them a felony, generally after the statute's ten-year period. Offense exclusions, the complete conviction history, pending charges, later convictions, and the statutory factors matter.

Treatment-related conditional sealing, CPL 160.58 CPL 160.58 provides a separate conditional-sealing route for specified convictions after successful completion of a qualifying judicially sanctioned drug treatment program and sentence, subject to the statute.

Vacatur and relief certificates Vacatur under CPL 440.10 depends on a statutory ground and the procedural record. A Certificate of Relief from Disabilities or Certificate of Good Conduct may address specified automatic disabilities or bars without sealing or erasing the conviction.

Clean Slate does not mean every eligible record is already sealed

The New York State Unified Court System states that Clean Slate took effect on November 16, 2024 and gives the court system until November 16, 2027 to complete statewide implementation. The court system states that the manual-review form will be available no later than that implementation date.

DCJS separately cautions that, until the courts implement the required processes and send sealing orders, a personal Record Review response may continue to show convictions that may eventually qualify. Do not assume that a waiting period alone proves that a specific record is already sealed.

3. Verify both the record and the relief

Obtain a current criminal history response and the disposition for every known case.
Confirm the exact offense, court, disposition, sentence, incarceration or release date, supervision status, pending cases, and any federal or out-of-state history.
Identify which statute is being relied on and test every condition and exclusion under that statute.
If a record is inaccurate or a required seal is missing, use the court and DCJS correction process with the required certified documentation.
After a court-ordered seal, use the available DCJS seal-verification process where applicable and obtain an updated record.

A seal does not necessarily eliminate consequences in a later criminal proceeding, immigration matter, firearm inquiry, professional-license review, or other authorized background check. The governing statute and purpose of the inquiry must be reviewed separately.

Frequently Asked Questions

Can I expunge a criminal record in New York?

Usually, the available New York remedy is sealing rather than expungement. Certain cannabis-related convictions are a statutory exception and may be vacated, dismissed, and expunged. Other cases may qualify for one of several sealing statutes, vacatur on a recognized legal ground, correction of an inaccurate record, or a relief certificate.

Does Clean Slate mean my conviction has already disappeared?

No. Clean Slate sealing is not record destruction, statutory exceptions and authorized access remain, and statewide implementation may continue until November 16, 2027. A current DCJS record and court information are needed to confirm what is actually shown and sealed.

Can New York seal a federal or out-of-state conviction?

New York's sealing statutes govern New York records within their terms. New York Courts cautions that New York sealing rules do not affect federal or out-of-state arrests and convictions. Those records require separate jurisdiction-specific analysis.

Does sealing eliminate immigration or federal consequences?

Do not assume so. New York sealing statutes preserve access in specified circumstances, and federal law may treat a disposition differently from New York public-record rules. Immigration analysis may depend on the original offense, conduct, disposition, sentence, record, and federal law. Review those issues before relying on a seal.

Does a relief certificate erase the conviction?

No. A Certificate of Relief from Disabilities or Certificate of Good Conduct may address specified legal disabilities or bars. It does not erase or seal the conviction, guarantee a license or job, or prevent every authorized decision-maker from considering the conviction.

What if my criminal history contains a mistake or an unsealed case?

DCJS instructs individuals to obtain supporting documentation. Arrest-information corrections generally begin with the arresting agency. Missing or incorrect disposition information generally requires a certified court disposition. A record that should be sealed generally requires the appropriate certified sealing order or other documentation described by DCJS.

Primary Authorities and Official Records

Legal information reviewed August 31, 2026. This page gives a bounded overview of New York law and official record systems. It does not determine eligibility, interpret a particular record, calculate a waiting period, address every exception, replace a current statutory and record review, or provide legal advice.

Start with the complete record, not an assumption.

For an urgent pending criminal matter, court date, or immigration consequence, do not wait for a record-clearing review before addressing the immediate proceeding or deadline.

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