Legal Guide

New York Criminal Record Sealing Guide: How to Clean Your Record

2 (1 felony max)

Max Convictions Sealable

10 Years

Waiting Period

Yes

Auto-Seal Dismissals

Sex Offenses Eligible

None

Filing Fee

Free Consultation (516) 400-2300

iQuick Summary

Max Convictions Sealable: 2 (1 felony max)
Waiting Period: 10 Years
Auto-Seal Dismissals: Yes
Sex Offenses Eligible: No

Overview

A criminal record can follow you for life—affecting jobs, housing, education, and more. But New York law allows many people to have their records sealed, giving them a genuine second chance. This guide explains who qualifies for record sealing, how the process works, and what sealing actually does (and doesn't do) for your record.

Related practice area: Criminal Defense

CPL 160.59: Conviction Sealing

New York's main record sealing law (CPL 160.59) allows sealing of up to 2 convictions:

Can seal up to 2 eligible convictions (only 1 can be a felony)
Must wait 10 years after conviction OR release from incarceration (whichever is later)
Most felonies and misdemeanors are eligible
NOT eligible: Sex offenses, Class A felonies, violent felonies, most crimes against children
Judge has discretion to grant or deny based on factors like rehabilitation

Automatic Sealing After Dismissal/Acquittal

Some records are automatically sealed without application:

Acquittals (found not guilty at trial)
Dismissals (charges dropped)
ACDs (Adjournments in Contemplation of Dismissal) after completion
Violations and non-criminal offenses after 1 year (with exceptions)
Marijuana convictions eligible for expungement under MRTA

What Sealing Does

When a record is sealed, it's removed from public view:

Won't appear on most background checks (employers, landlords)
Can legally answer 'No' to questions about convictions (with exceptions)
Records returned to you or destroyed
Fingerprints and photos sealed
Court records sealed from public access

What Sealing Doesn't Do

Sealing has important limitations:

Law enforcement can still see sealed records
Courts can access for sentencing purposes
Some licensing boards can access (nursing, law, teaching, etc.)
Federal background checks may still show records
Immigration authorities can still access records
Gun licensing applications require disclosure

Marijuana Conviction Expungement

The Marijuana Regulation and Taxation Act (MRTA) created special rules for marijuana convictions:

Automatic expungement of marijuana possession and sale convictions
Applies to convictions that would no longer be crimes under current law
No application required—automatic process
More complete than sealing—records actually destroyed
Process ongoing—check DCJS for status of your records

Common Mistakes to Avoid

Knowing what NOT to do is just as important as knowing the right steps. Avoid these common errors.

Mistake: Assuming all convictions can be sealed

Consequence

Sex offenses and most violent felonies cannot be sealed. Applying wastes time and money.

Prevention

Review eligibility requirements carefully or consult an attorney before applying.

Mistake: Not waiting the required time period

Consequence

Applications submitted too early are denied.

Prevention

Calculate the waiting period from your LAST conviction or release from incarceration.

Mistake: Thinking sealed means completely erased

Consequence

Sealed records are still visible to law enforcement and some licensing boards.

Prevention

Understand what sealing does and doesn't do before applying.

Mistake: Not disclosing sealed records when legally required

Consequence

False statements on applications requiring disclosure can have serious consequences.

Prevention

Know when you must still disclose sealed records (e.g., some government jobs).

When to Call a Lawyer

To evaluate whether your convictions are eligible for sealing
To help prepare a compelling sealing application
If your sealing application was denied
If you have federal convictions that can't be sealed under state law
When you need records sealed urgently for a job or housing opportunity

NY Lawyers Team offers free consultations to discuss your situation.

Call (516) 400-2300

Frequently Asked Questions

Can I seal a felony conviction in New York?

Yes, many felonies can be sealed under CPL 160.59. You can seal up to one felony conviction (and one misdemeanor). However, Class A felonies, violent felonies (as defined by Penal Law 70.02), sex offenses, and most crimes against children are NOT eligible for sealing.

How long does the sealing process take?

The process typically takes 3-6 months from application to decision. First, the DA has 45 days to respond to your application. Then the court schedules a hearing if needed. Simple cases with no DA objection can be faster; contested cases take longer.

Can employers still see my sealed record?

Most employers cannot see sealed records. However, certain employers CAN access sealed records: law enforcement agencies, some government positions, positions requiring fingerprinting by certain agencies, and positions involving vulnerable populations. Also, if you're applying for a license (nursing, law, etc.), licensing boards may have access.

Do I still have to disclose sealed convictions?

Generally, no. For most purposes, you can answer 'No' to questions about convictions once your record is sealed. Exceptions include: applications for law enforcement positions, some professional licenses, gun permits, and applications that specifically ask about sealed records. When in doubt, consult an attorney.

What if I have more than 2 convictions?

Unfortunately, CPL 160.59 limits sealing to 2 convictions maximum (with only 1 being a felony). If you have more convictions, you'll need to choose which ones to seal. Violations and non-criminal offenses don't count toward the limit. An attorney can help you strategize which convictions to prioritize.