New York Clean Slate eligibility.

Wait periods by offense category

Years required between completion of all sentence requirements and the earliest date relief is available.

Wait periods are counted from the latest of: release from custody, end of probation/parole, or final restitution payment. Statute citation applies. Confirm with a licensed attorney before relying.

Compute your earliest eligible date

Enter your sentence-completion date and offense category to compute the earliest petition date.

Verify your record was actually sealed

1. Pull a personal copy of your state record from New York's criminal history repository. Most states charge $15–$30 for an individual review request.
2. Check that the records meeting eligibility are flagged sealed. Automatic sealing is processed in batches. If your record meets the criteria but isn't sealed yet, the most likely reason is that the next batch hasn't run.
3. Run a public background check on yourself. Free options exist (state portal); paid options match what most employers see.
4. If the seal didn't happen and you believe it should have, an expungement attorney can file a motion to correct the record. We can match you with a New York expungement attorney →

Recent amendments

Major statutory changes affecting record relief in New York.

• 2023

  Clean Slate Act (S.7551A/A.1029C)

  Automatic sealing of eligible misdemeanors 3 years after sentence end and felonies 8 years after release; 3-year court-system implementation window.

  Primary source: nyassembly.gov ↗

New York-specific carve-outs

Categories the law treats differently in this state.

• Sex offenses and most Class A felonies

  Sex offenses, sexually violent offenses, and non-drug Class A felonies (including murder) are categorically excluded from Clean Slate sealing.

  Source: nyassembly.gov ↗

• Active supervision bar

  A person on probation, parole, or post-release supervision, or with pending charges, is not eligible to have records sealed.

  Source: nycourts.gov ↗

Common mistakes to avoid

Reasons New York petitions get bounced or sealings fail to land.

• !A new misdemeanor or felony conviction during the waiting period restarts the clock entirely.
• !Clean Slate seals records from public view but law enforcement, licensing agencies, and certain employers retain access.

Excluded categories

These categories are typically excluded from automatic sealing in New York based on our research. An attorney may still see options.

• Sex offenses

  Excluded from automatic and petition relief in nearly every state. A few narrow carve-outs exist for older non-registerable offenses.

  See state-by-state pages

• Violent felonies

  Generally excluded from automatic Clean Slate sealing; some states allow petition relief after long wait periods.

• DUI / DWI

  Treatment varies widely. Some states (e.g. Michigan, Virginia) carve out DUIs entirely; others treat them as standard misdemeanors.

• Pending cases or unpaid restitution

  Most states require all sentence requirements — including restitution to victims — to be fully discharged before the clock starts.

• Federal convictions

  Federal expungement is functionally non-existent. There is no statutory federal expungement remedy for most offenses.

Related reading

• When the eligibility clock starts

  What 'completion of sentence' really means and why batch sealing can lag the clock.

• What most states leave out

  Categories of offenses excluded from automatic sealing and petition relief.

• Unpaid restitution as a silent block

  How an open balance on the criminal docket blocks an otherwise eligible record.

• Sealing and professional licensing

  Why FBI-fingerprint background checks see records that consumer reports don't.