Sealing, not expungement, in most cases
New York generally does not erase records; it seals them, which restricts who can see them. Cases that end in a dismissal or acquittal are usually sealed automatically, and some convictions can be sealed by application after a waiting period, subject to limits on the number and type of convictions. The Clean Slate Act, in effect since late 2024, provides for automatic sealing of many older convictions, but it is being phased in, so not every eligible record has been sealed yet. Certain marijuana convictions were ordered expunged under the state's cannabis law, which is closer to true erasure. Some offenses, including sex offenses, are excluded from automatic sealing.
Who can still see a sealed record
Sealing does not hide a record from everyone. Police and prosecutors, courts in later criminal cases, and certain licensing and employment settings, such as firearm licensing and some jobs that require fingerprint-based checks, may still have access. Immigration authorities generally treat a sealed or expunged conviction as a conviction for immigration purposes, so a noncitizen should not assume sealing solves an immigration problem. Federal convictions are not covered by New York sealing, and federal law offers very limited relief. Records from other states are handled under their own laws.
Getting started
Begin by getting your official record, since what you remember about a case and what the system shows are often different. A state criminal history report and certificates of disposition from the courts that heard your cases are the usual starting points. Check that each case shows the correct outcome; errors such as a dismissed case still listed as open are more common than people expect and can be corrected. At an initial consultation we review each case and sort out which are already sealed, which may qualify for sealing, and which are not eligible. We also look at whether a certificate of relief from disabilities or a certificate of good conduct might help with a specific license or job.
