1. Clean Slate and CPL §160.59 Use Different Eligibility Tests
Clean Slate under CPL §160.57 operates automatically for qualifying convictions. CPL §160.59 instead requires an application and gives the court discretion to seal qualifying older convictions. These procedures differ from other forms of criminal record sealing and expungement, including favorable-disposition sealing and certain cannabis-related relief.
Clean Slate Uses Automatic Sealing
Under CPL §160.57, a qualifying misdemeanor generally becomes eligible three years after release from incarceration or, if there was no incarceration, sentencing. A qualifying felony generally requires eight years.
A conviction cannot be sealed while the person remains incarcerated or is serving probation, parole, or post-release supervision for that conviction. A pending criminal charge in New York also prevents sealing while unresolved. Sex offenses and sexually violent offenses covered by Correction Law §168-a are excluded, and Class A felonies are also excluded except for Class A drug felonies under Penal Law Article 220.
A later conviction before sealing can restart the waiting period. Clean Slate took effect on November 16, 2024, and the Unified Court System has until November 16, 2027, to complete sealing of eligible preexisting convictions. Eligibility therefore does not necessarily mean the record is already sealed in 2026.
CPL §160.59 Requires a Court Application
CPL §160.59 permits discretionary sealing of up to two eligible offenses, with no more than one felony. At least ten years must generally have passed since sentencing on the latest conviction or, if incarceration was imposed, since the latest release from incarceration. Time spent incarcerated after the conviction sought to be sealed is excluded from that calculation.
Specified sex offenses, violent felonies, homicide felonies, Class A felonies, and other listed offenses are excluded. An unresolved charge, a later conviction, or too many convictions can require denial. Eligible offenses arising from the same criminal transaction are treated as one offense for the statutory limit. Meeting the threshold requirements allows judicial review but does not require sealing.
2. Review the Court Record before Filing
The arrest charge alone does not establish eligibility. The final conviction and sentence history should be confirmed from court records.
Useful records include:
- Offense of conviction and final disposition
- Court where judgment was entered
- Sentencing date
- Incarceration and release dates
- Completion of supervision
- Later convictions or pending charges
- Any prior sealing order
A Certificate of Disposition is particularly important for a §160.59 application.
Rehabilitation Evidence Can Affect a §160.59 Decision
Because §160.59 sealing is discretionary, the court may consider employment, education, treatment, community involvement, time since the last conviction, seriousness of the offenses, character, victim statements, public safety, and the effect of sealing on rehabilitation.
A pending prosecution may require separate attention through the appropriate criminal defense process because it can affect eligibility. Sealing also differs from post-conviction remedies. Challenging the validity of a conviction or sentence is different from limiting access to a conviction that remains valid.
3. The Court of Conviction Determines the Filing Route
New York law controls eligibility. Rochester does not have a separate sealing standard, but the court that entered the conviction determines where records are obtained and where a §160.59 application is filed.
Identify the Court That Entered Judgment
Rochester City Court's Criminal Division is located at 150 South Plymouth Avenue. City Courts outside New York City handle misdemeanors and lesser offenses and may conduct felony arraignments.
For records filed through New York State Supreme Court or Monroe County Court, a Certificate of Disposition may be requested through the Monroe County Clerk's Office. Current residence does not determine the filing court. Federal convictions require separate analysis because CPL §§160.57 and 160.59 do not create a general procedure for sealing federal convictions.
Section 160.59 Follows the Most Serious Conviction
A §160.59 application generally goes to the court where the most serious conviction was entered. If the offenses have the same classification, it goes to the court of the most recent conviction.
The application must include required disposition records and sworn statements. A copy must also be served on the district attorney for each county where a covered conviction was obtained. The district attorney has 45 days to object, and if the application is otherwise eligible and the prosecutor objects, the court must hold a hearing.
4. Sealing Limits Access but Does Not Erase Every Legal Use
A sealed conviction is generally removed from ordinary public access but may remain available for purposes authorized by state or federal law.
Some Employers and Agencies Can Still Access Sealed Records
CPL §160.57 preserves access for specified purposes, including law-enforcement functions, certain fingerprint-based checks, police or peace officer employment, and firearm-related checks. Outside statutory exceptions, New York law generally restricts inquiries about and adverse action based on sealed conviction records.
For employment or licensing, three questions matter:
- Can the organization legally obtain the record?
- Can it lawfully ask about the conviction?
- Must the applicant disclose it?
The answers may change when state or federal law creates an exception.
Some Legal Consequences Continue after Sealing
A sealed conviction may still matter in a later criminal proceeding when a prior conviction affects an element or enhanced penalty. Clean Slate also does not cancel restitution, reparation, fines, surcharges, fees, or an active order of protection.
A person can request a personal criminal history record from the New York State Division of Criminal Justice Services to compare the state record with the court disposition. For someone seeking to clear a criminal record, that comparison can identify whether the issue involves automatic sealing, a court order, or inaccurate criminal-history information.
5. Frequently Asked Questions
Does New York Record Sealing Erase a Conviction for Immigration Purposes?
Generally, no. A conviction sealed under New York law may remain relevant under federal immigration law. Federal immigration authorities apply federal rules when evaluating criminal history, and immigration applications may still require criminal records or disposition documents.
Can a Landlord See a Sealed Criminal Record in New York?
A sealed conviction is generally restricted from ordinary public access, but a private screening report may contain outdated or inaccurate information. If a sealed conviction appears, the report should be compared with the court disposition and state criminal-history record. Housing decisions may also be subject to separate state, local, and federal rules.
6. When a Criminal Record Sealing Lawyer May Be Useful
Additional review may be useful when convictions come from different courts, court and DCJS records conflict, the prosecutor opposes a §160.59 application, or sealing raises federal or immigration issues. A criminal record sealing lawyer can compare the relevant records and identify whether the next issue involves automatic sealing, a court application, or correction of inaccurate records.
28 Oct, 2026
