While New York doesn’t allow true expungement of felony convictions, the state offers record sealing through the Clean Slate Act and other relief mechanisms that can significantly improve your employment and housing prospects.
Understanding the difference between expungement and sealing is crucial for anyone with criminal convictions in New York. More than 2 million New Yorkers have criminal records, collectively losing an estimated $12.6 billion in annual opportunities due to employment and housing barriers. The good news is that New York’s new law provides unprecedented access to record relief, even if it doesn’t offer complete expungement. Additionally, some records may be automatically sealed once certain conditions are met, without the need for a petition.
In this comprehensive guide, we’ll explain exactly what options are available for felony conviction relief in New York, how the Clean Slate Act works, and what steps you can take to clear your criminal record under current state law.
Understanding Felony Expungement vs. Sealing in New York
New York does not allow true expungement of felony convictions in 2025. Expungement refers to the complete erasure of criminal records—as if the conviction never occurred. Expunged records are physically destroyed or erased from all databases, making them inaccessible to anyone, including law enforcement and government agencies.
Instead, New York provides record sealing, which works differently. Sealed convictions are not destroyed, but they’re shielded from most public access. This means employers, private landlords, and most licensing agencies cannot see sealed records during background checks. However, law enforcement, prosecutors, and certain specific agencies retain access to these sealed records.
This distinction matters significantly for practical purposes. While sealing provides substantial benefits for employment and housing, sealed records are protected for civil purposes, such as job applications and housing opportunities, but may still be accessible for certain legal or law enforcement reasons. It doesn’t offer the complete fresh start that expungement provides. The records still exist in criminal justice services databases and can be accessed under specific circumstances.
New York’s approach reflects broader legal and policy considerations. The state has historically prioritized public safety and law enforcement access over complete record erasure. However, recent reforms recognize that criminal history information can create insurmountable barriers to rehabilitation and economic stability.
The impact of this policy affects vulnerable populations disproportionately. Black New Yorkers make up just 15% of the general population but account for approximately 30% of those with criminal convictions, highlighting the racial disparities in both the criminal justice system and collateral consequences.
New York’s Clean Slate Act: Automatic Felony Sealing in 2025
The Clean Slate Act represents New York’s most significant criminal justice reform in decades. Signed into law in 2023 and effective November 16, 2024, this new law introduces automatic record sealing for eligible convictions—no petition required. Only certain convictions, known as eligible convictions, qualify for automatic sealing under the Clean Slate Act, based on the type and timing of the conviction.
Automatic Sealing Timeline
The New York Clean Slate Act establishes clear waiting periods for automatic sealing:
- Felony convictions: Records are eligible to be sealed eight years after the later of sentencing or release from incarceration, but the convicted must not be on probation, parole or post-release supervision, or having a pending misdemeanor or felony
- Misdemeanor convictions: Records seal automatically three years after the later of sentencing or release from incarceration
For convictions that occurred before the effective date, the Office of Court Administration has up to three years—until November 2027—to complete sealing of all eligible records. This means some eligible convictions may not be sealed automatically until 2027.
Requirements for Sealing
To qualify for automatic sealing under the Clean Slate Act, several conditions must be met:
1. No pending criminal charges during the waiting period- misdemeanor or felony;
2. No new criminal convictions (felony or misdemeanor) during the waiting period;
3. No recent conviction during the waiting period; a recent conviction will disqualify an individual from automatic sealing;
4. Completed supervision requirements (probation, parole, or community supervision)
5. Conviction under New York State law (federal convictions and out of state convictions are ineligible)
Individuals with a prior conviction for an ineligible offense, such as certain violent crimes, sex offenses, or other offenses specifically excluded by law, will not qualify for automatic sealing.
Felonies Excluded from Clean Slate Sealing
Not all felony convictions qualify for automatic sealing. The Clean Slate Act specifically excludes several categories of serious offenses:
Class A felonies: These are the most serious felonies under New York law, including murder and other violent offenses. However, only certain eligible felonies, such as some drug offenses, may qualify for sealing. Drug related convictions under Penal Law Article 220 may be eligible for sealing, while other offenses, including those resulting in a life sentence, are excluded.
Sex offenses: Any crime requiring sex offender registration under Correction Law 168-a is excluded from automatic sealing. This includes any sex offense under Penal Law Article 130.
Sexually violent offenses: Broadly defined under Correction Law 168-a(3), these include most sexual and sexually violent offenses, regardless of whether they require registration.
Federal and out-of-state convictions: Only New York state convictions are eligible for sealing under the Clean Slate Act. Federal law convictions and convictions from other states remain on criminal history records.
These exclusions mean that individuals with violent felony convictions, a sex offense, or the most serious Class A felonies must pursue alternative relief options or petition-based sealing if eligible.
CONTACT THE LAW OFFICE OF GINA M. WICIK TO DETERMINE IF YOUR CONVICTION IS ELIGIBLE 516-253-4278.
Petition-Based Sealing for Felonies Not Eligible for Clean Slate
For individuals whose felony convictions don’t qualify for automatic sealing, New York’s Criminal Procedure Law § 160.59 provides a petition based process that has been available since 2017.
Eligibility Requirements
The petition-based sealing process has specific requirements:
- Conviction limit: Maximum of two convictions total, with only one being a felony conviction, and only eligible felonies can be considered for petition-based sealing
- Waiting period: At least 10 years must have elapsed since sentencing or release from incarceration, whichever is later
- Clean record: No pending charges and no intervening convictions during the waiting period
Excluded Offenses
Certain categories of felony offenses remain ineligible for petition-based sealing. These ineligible offenses include:
- Violent felony convictions
- Class A felonies
- Any sex offense requiring registration
- More than two convictions (even if one is eligible)
The Petition Process
Filing for record sealing requires several steps:
1. Documentation: Obtain your complete New York State criminal history record “RAP sheet” to verify conviction details and dates
2. Application: File a written sealing application in the court where the conviction occurred
3. Notice: Provide notice to the district attorney’s office
4. Supporting materials: Include certificates of relief, character references, and evidence of rehabilitation
The court has discretion in granting or denying sealing petitions. Judges consider factors such as the nature of the original offense, the person’s character and rehabilitation efforts, employment history, and the impact on public safety. Unlike automatic sealing, there’s no guarantee that eligible records will be sealed through this process. In some cases, disclosure of sealed records for certain background checks may require the individual’s consent.
The petition based process typically takes several months and may involve a court hearing where both the applicant and the district attorney can present arguments for or against sealing.
CONTACT THE LAW OFFICE OF GINA M. WICIK TO DETERMINE IF YOUR CONVICTION IS ELIGIBLE FOR SEALING 516-253-4278.
How Sealed Felony Records Affect Background Checks in 2025
Understanding how sealed records appear on a background check is crucial for employment and housing applications. Under both the Clean Slate Act and petition-based sealing, sealing convictions can prevent most standard background checks from revealing records sealed under these laws.
Records sealed through these processes are not destroyed; instead, they are protected from public access, especially in the context of employment and housing applications.
What’s Hidden from Background Checks
Sealed records cannot be accessed by:
- Private employers conducting background checks
- Landlords screening rental applicants
- Most professional licensing agencies
- Educational institutions
- Financial institutions for most purposes
However, peace officers—such as police, corrections officers, and certain government-employed security personnel—may still have access to sealed records in specific circumstances.
This protection extends to negligent hiring claims. Employers are specifically protected from liability if they don’t consider sealed records in hiring decisions, creating additional incentive for them to respect the privacy of sealed convictions.
Who Can Still Access Sealed Records
Despite sealing, certain entities retain access to criminal history information:
Law enforcement: Police officers, prosecutors, and criminal courts can access sealed records for future criminal investigations and prosecutions.
Specific employment sectors: Jobs involving the care of vulnerable populations—children, elderly, or disabled individuals—may still require disclosure of sealed convictions. Sealed records may also be relevant in supervision claims if an employer’s actions are found to be a substantial factor in causing harm, as employer liability and access to criminal records can intersect in these cases.
Government agencies: The DMV, firearm licensing authorities, and federal agencies including immigration enforcement can access sealed records.
Licensing boards: Certain professional licensing boards, particularly those overseeing security, finance, healthcare, and childcare positions, may have continued access to sealed convictions.
Federal vs. State Background Checks
It’s important to understand that sealing under New York State law doesn’t affect federal background checks. Federal agencies, including those handling immigration matters, firearm licenses, and security clearances, can still access sealed conviction records. Sealed records may also be accessed for immigration purposes, which means that even after sealing, convictions can still be reviewed by immigration authorities.
This limitation is particularly important for non-citizens, as sealed convictions remain visible to immigration authorities and can still impact deportation proceedings, visa applications, and naturalization eligibility.
Alternative Relief Options: Certificates and Pardons
When sealing isn’t available or sufficient, New York offers additional forms of relief that can help restore rights and opportunities.
Certificates of Relief from Disabilities
Certificates of Relief from Disabilities (CRD) are available to individuals with eligible felony convictions. These judicial certificates restore certain rights lost due to criminal convictions, including:
- Eligibility for occupational licenses
- Employment in state agencies
- Professional certifications
- Some civil rights
CRDs don’t seal or expunge records, but they provide legal protection against automatic disqualification based solely on conviction history. Employers and licensing agencies must consider the certificate as evidence of rehabilitation.
Certificates of Good Conduct
Certificates of Good Conduct offer broader relief than CRDs and may be granted to individuals with multiple felonies. These certificates can restore:
- Voting rights (automatically restored in New York as of 2021)
- Eligibility for public employment
- Some professional licenses
- In limited cases, firearm ownership rights
Gubernatorial Pardons
The Governor of New York has constitutional authority to pardon any state conviction. Pardons are rare and typically reserved for cases involving:
- Compelling evidence of innocence
- Excessive punishment relative to the crime
- Extraordinary rehabilitation
- Immigration consequences that would cause extreme hardship
A gubernatorial pardon restores civil rights but doesn’t automatically erase the criminal record. However, pardoned individuals may have additional options for record relief.
Special Relief for Specific Situations
New York law provides targeted relief for certain circumstances:
Marijuana offenses: Recent legalization reforms allow for automatic expungement of certain marijuana misdemeanor offenses—one of the few areas where true expungement occurs in New York.
Human trafficking victims: Survivors of human trafficking can petition to vacate convictions that resulted from their exploitation, effectively nullifying these convictions.
Youthful offender status: While not applicable to adult felony convictions, youthful offender adjudications are automatically sealed and don’t count as criminal convictions.
Impact of New Convictions on Sealing Eligibility
Both automatic sealing under the Clean Slate Act and petition-based sealing require maintaining a clean record during specific waiting periods. Understanding how new convictions affect eligibility is crucial for planning.
How New Convictions Reset Waiting Periods
Any new criminal conviction—whether felony or misdemeanor—during the waiting period restarts the clock entirely. For example:
- Original felony conviction: January 1, 2015
- Release from incarceration: June 1, 2016
- New misdemeanor conviction: March 1, 2020
- New waiting period begins: March 1, 2020
- Earliest sealing eligibility: March 1, 2028
This restart rule applies even to minor misdemeanor convictions, making it essential to avoid any new criminal charges during the waiting period.
Violations That Don’t Affect Eligibility
Certain minor infractions don’t reset the waiting period:
- Traffic infractions and violations
- Non-criminal violations of local ordinances
- Civil violations that don’t result in criminal convictions
However, any conviction that appears on criminal history records will restart the waiting period for sealing eligibility.
Probation and Parole Considerations
The waiting period only begins after completion of all supervision requirements. Probation or parole revocation can significantly delay sealing eligibility by extending the supervision period or resulting in additional conviction records.
Individuals on community supervision should work closely with their supervision officers to ensure successful completion and avoid any violations that could impact future sealing eligibility.
Steps to Pursue Felony Record Relief in New York 2025
Taking action to pursue record relief requires careful planning and documentation. Here’s a systematic approach to exploring your options.
Obtain Your Criminal History Records
Start by requesting your complete New York State RAP sheet (Record of Arrests and Prosecutions) from the Division of Criminal Justice Services. This official document provides:
- Exact conviction dates and charges
- Sentencing information
- Incarceration and release dates
- Current status of all criminal cases
Having accurate information is essential for calculating waiting periods and determining eligibility for different relief options.
Calculate Your Eligibility Dates
Using your “RAP sheet”, calculate when you might become eligible for automatic sealing:
1. Identify the later date: sentencing or release from incarceration
2. Add the waiting period (8 years for felonies, 3 years for misdemeanors)
3. Verify no intervening convictions during the waiting period
4. Confirm all supervision requirements were completed
For convictions before November 16, 2024, remember that automatic sealing may not occur until 2027, even if you’re already eligible.
Evaluate Petition-Based Options
If your convictions don’t qualify for automatic sealing, assess whether petition-based relief is available:
- Count total convictions (maximum two, with one felony)
- Verify 10-year waiting period has elapsed
- Confirm no excluded offense categories
- Gather documentation of rehabilitation efforts
Prepare Supporting Documentation
Whether pursuing automatic or petition-based sealing, gather supporting materials:
- Employment records and character references
- Educational achievements and training certificates
- Community service and volunteer work
- Treatment program completion certificates
- Letters from employers, counselors, or community leaders
Consider Legal Representation
Complex cases benefit from experienced legal counsel. Consider consulting with attorneys specializing in post-conviction relief when:
- You have multiple convictions with unclear eligibility
- Prior convictions include excluded offense categories
- You’re facing immigration consequences
- Previous petition attempts were denied
File Petitions When Appropriate
For petition-based sealing, prepare a comprehensive application including:
- Formal petition to the court
- Supporting documentation and character references
- Notice to the district attorney
- Filing fees (if applicable)
The court may schedule a hearing where you can present evidence of rehabilitation and explain why sealing serves the interests of justice.
Special Considerations for Immigration and Federal Consequences
Sealing conviction records under New York State law provides significant benefits, but it doesn’t eliminate all consequences of criminal convictions. Understanding federal and immigration implications is crucial before pursuing relief.
Immigration Consequences of Sealed Records
For non-citizens, sealed convictions remain fully visible to federal immigration authorities. This means:
Deportation proceedings: Immigration courts can consider sealed convictions as grounds for removal Visa applications: Sealed convictions must still be disclosed on federal immigration forms Naturalization: USCIS can access sealed records when evaluating citizenship applications Border crossings: Customs and Border Protection can see sealed conviction records
Non-citizens should consult with immigration attorneys before pursuing any record relief to understand potential consequences and timing considerations.
Federal Law Limitations
Several federal consequences persist despite state record sealing:
Firearm restrictions: Federal firearms licensing and background checks can access sealed conviction records Security clearances: Federal agencies conducting security investigations can see sealed records Federal employment: Some federal jobs require disclosure of sealed convictions Federal benefits: Certain federal benefit programs may still consider sealed convictions
Consultation Requirements
Before pursuing record relief, individuals should consider consulting with:
- Immigration attorneys (for non-citizens)
- Criminal defense attorneys (for complex criminal histories)
- Employment attorneys (for specific professional licensing questions)
- Financial advisors (for cases involving professional licensing restrictions)
Understanding these limitations helps set realistic expectations about what sealing can and cannot accomplish.
CONTACT THE LAW OFFICE OF GINA M. WICIK TO DETERMINE IF YOUR CONVICTION IS ELIGIBLE 516-253-4278.
Key Takeaways for 2025
New York’s approach to felony record relief has evolved significantly, but important limitations remain. Here are the essential points to remember:
No true expungement exists for most felony convictions in New York, but record sealing provides substantial practical benefits for employment and housing opportunities.
The Clean Slate Act offers automatic sealing for eligible convictions, but implementation is still ongoing, with some records not sealed until 2027.
Serious offenses remain excluded from both automatic and petition-based sealing, including violent felonies, sex offenses, and most Class A felonies.
Federal consequences persist despite state record sealing, particularly for immigration and federal employment purposes.
Alternative relief options like certificates of relief and pardons can restore rights even when sealing isn’t available.
If you’re seeking relief from a felony conviction in New York, start by obtaining your complete criminal history records and calculating your eligibility dates. For complex cases or immigration concerns, consulting with experienced attorneys can help you navigate the process and understand all available options.
While New York doesn’t offer felony expungement in 2025, the state’s record sealing laws provide meaningful opportunities for individuals to move forward with their lives and access employment and housing opportunities that were previously blocked by criminal history records.
