Misdemeanors and DWAI infractions (VTL 1192.1) are eligible after a 3-year waiting period with no new convictions. Felonies are eligible after an 8-year waiting period.

The waiting period starts at sentencing or when you’re released from incarceration, whichever is later. You must also be off of post-release supervision and have no pending criminal cases.

If you get a new conviction or parole revocation resulting in reincarceration during the waiting period, then the clock will re-start.

There is no limit on the number of convictions that can be sealed. Only sex offenses, sexually violent offenses, and Class A non-drug felonies are not eligible for Clean Slate sealing.

Clean Slate became “effective” on November 16, 2024, but the State has 3 years to seal all of the records. All records that are eligible for Clean Slate sealing should be sealed on or before November 16, 2027.

Once sealed, conviction records will be unavailable for most civil purposes. They won’t appear on background checks and cannot be used against you, so you can better access housing, education, and most jobs.

Some entities will still have access to records sealed by Clean Slate. These records will remain available for:

• Law enforcement, prosecutors, and courts
• Hiring of police and peace officers
• Gun licenses
• The Department of Motor Vehicles (DMV)
• Private transportation companies like Uber and Lyft
• Certain jobs regulated by the government, including:
  • Entities required by law to conduct a fingerprint-based background check.
  • Entities authorized by law to conduct a fingerprint-based background check
  • because they work with children, adults who are elderly or have disabilities, or otherwise vulnerable people.
  • Specified licenses to do jobs overseen by the New York State Education Department (NYSED)

Unfortunately, Clean Slate does not have any impact on immigration. If you are a non-citizen with a conviction record, you should consult an immigration attorney before applying for a change in immigration status or traveling internationally.

Get a copy of your RAP sheet. Fix any errors and find out if you’re eligible for other relief while you wait for the state to seal records under Clean Slate.

You can also find more information at CleanSlateNY.org/FAQ.

For questions about Clean Slate or other types of record sealing in New York State, contact The Legal Aid Society’s Case Closed Project at 212-298-3120 or CaseClosed@legal-aid.org.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.