New York - Sealing

Who is Eligible for Sealing?

Under the Clean Slate Act, all felony and misdemeanor convictions under New York State law are eligible for sealing, including:

After you have sealed your arrests, prosecutions, and convictions, you do not have to tell an employer about that part of your criminal record, unless a judge orders otherwise.
Sealing means that the record still exists, but all related fingerprint and palm print cards, booking photos, and DNA samples are returned to you or destroyed. (Digital fingerprints are not destroyed if you already have fingerprints on file from a different unsealed case.)

On your RAP sheet, cases that are sealed will be followed by the code “sealed 160.50” or “sealed 160.55” to indicate their status as sealed. When your RAP sheet is sent to employers, commercial reporting agencies, and other outside agencies that not have access to sealed cases, your cases that have been sealed should not appear at all.

When your case is sealed, records are hidden that are related to the Division of Criminal Justice Services (DCJS), Police, Prosecutor, and, in some cases, court files, except in these circumstances:

• You request your sealed records with proper identification
• You authorize someone to access your records upon presentation of proper identification.
• You apply for a job where you carry a gun;
• You are arrested while on parole or probation;
• Adjournment in Contemplation of Dismissal (ACD) on a marijuana charge; or
• A law enforcement agency makes a request to the court.
• Under the new sealing law passed in October of 2017, sealed records will remain available only to "qualified agencies." This includes agencies within the criminal justice system, such as courts, law enforcement agencies, or employers responsible for issuing firearms.

Under the new law, court files may still be accessible within the criminal justice system. This means that anyone who visits the court, including employers, will be able to view the conviction information.

Out-of-state and federal arrests and convictions are not a part of your New York criminal record. New York’s sealing rules have no effect on them. When the DCJS seals a case, they are supposed to notify the FBI to do the same thing. The FBI does not seal cases on its own; it responds to requests from the DCJS. Therefore, ensure that your case is sealed both with DCJS and the FBI.

See section: How to Get Your RAP Sheet

Seals are conditional, meaning that being arrested for another felony or misdemeanor can result in the records being unsealed.

Records cannot be sealed while any charges are pending. If you are arrested or charged with a misdemeanor or felony offense following the sealing of your records, the records automatically become unsealed. If the case is then closed and ruled in your favor, the case will once again be sealed.

How Long Is the Waiting Period Under Clean Slate?

Under Clean Slate, the waiting period begins the day you are sentenced or released from incarceration (whichever is later). During the waiting period, you cannot have any other criminal convictions and must have completed any probation or parole for the conviction being sealed.

• For Misdemeanors: Three years from sentencing or release from incarceration, whichever is later.
• For Felonies: Eight years from sentencing or release from incarceration, whichever is later.
• For Driving While Ability Impaired by Alcohol (DWAI): Three years. 

What Happens If You Are Convicted Of a New Crime After An Old Conviction Is Sealed? 

Once a case is sealed under the Clean Slate Act, it will not be unsealed if you are arrested or convicted again. 

What Happens If You Are Convicted Of a New Crime During the Waiting Period?

If you are convicted of another misdemeanor or felony during the waiting period, the time resets. You will have to wait another three or eight years, depending on the conviction.

Traffic infractions and violations are not criminal convictions, and therefore, will not affect your time calculation. 

What Jobs Can Access My Sealed Convictions?

Certain types of jobs will be able to access and review your convictions, even if it is sealed. These job exceptions include:

1. Entities that run fingerprint-based background checks for work that involves vulnerable populations (e.g., children, the elderly and disabled individuals)
2. The New York State Education Department
3. Private transportation companies (e.g., Uber and Lyft)
4. Police and peace officers, which include corrections officers and some armed security guards working for the government

Can Non-Employment Agencies Access My Sealed Records?

The following entities will be able to access your records even if they are sealed:

1. Police, prosecutors, defense counsel, judges, and court officials
   1. Biometric information (e.g., DNA and fingerprints) will remain accessible for law enforcement and prosecutors.
2. Local, state, and federal agencies for firearm license background checks
3. The Department of Motor Vehicles (specifically, driving-related sealed records)

Do I Need to Take Any Action to Have My Convictions Sealed?

No. Once you meet the basic eligibility requirements, sealing under Clean Slate will happen automatically. There is no application process to complete, and you will not be notified when your record is sealed. New York State has until November 16, 2027, to seal all eligible convictions. 

However, if you would like to confirm that your record has been sealed, you may obtain a Certificate of Disposition (CoD). Additionally, if you were formally represented by indigent legal services or are currently represented by such services, the fee for the certificate is waived. Additionally, individuals who can demonstrate that they are low-income may have the fee waived.

Blank Certificate of Disposition

Example Certificate of Disposition

For more information about the Clean Slate Act, click HERE.