How do I expunge a criminal record in New York?

New York generally seals rather than expunges criminal records, governed by Criminal Procedure Law (CPL) Article 160.

1. CPL § 160.59 — Conviction Sealing (2017)

Up to 2 convictions total may be sealed; only 1 may be a felony.

Waiting period: 10 years from latest conviction or release from incarceration, whichever is later.

Must have no current charges or convictions during the 10-year period.

2. Excluded Offenses

Class A felonies (e.g., murder, A-1 drug felonies).

Sex offenses requiring SORA registration.

Violent felonies under Penal Law § 70.02.

Conspiracy or attempt to commit any of the above.

3. Non-Conviction Sealing — CPL § 160.50

Automatic sealing when: charges dismissed, acquitted, ACD (adjournment in contemplation of dismissal) successfully completed, or DA declines to prosecute.

Records returned/destroyed; you may legally deny the arrest.

4. Marijuana Expungement — MRTA (2021)

The Marijuana Regulation and Taxation Act (Penal Law § 222) automatically expunges convictions for marijuana possession that would no longer be criminal under current law.

New York courts began processing automatic expungements in 2021.

5. Clean Slate Act (2024)

Effective November 16, 2024, NY's Clean Slate Act provides automatic sealing of eligible convictions: 3 years after sentence completion for misdemeanors, 8 years for felonies, if no new convictions and no pending charges.

Excludes Class A felonies and sex offenses.

6. Procedure for § 160.59 Petition

File motion in convicting court with affidavit, certificate of disposition, and sworn statement.

DA has 45 days to object; court hearing if contested.

This is legal information, not legal advice.