You can apply to seal up to 2 convictions total if:

• You have a maximum of 2 convictions in your lifetime.
• You have a maximum of 1 felony conviction in your lifetime that is not a violent felony, Class Afelony, sex offense, or conspiracy/attempt to commit an ineligible offense.
• Your convictions are more than 10 years old (start counting from date of sentencing or release from incarceration, whichever is later).
• You have no open cases and are not required to register as a sex offender.

You can apply to seal certain convictions if you can show that they were related to a history of drug use and you completed a court-approved drug treatment program.

You can apply to vacate your conviction or reduce your sentence if you were convicted of:

PL 221.25 PL 221.30 PL 221.45 PL 221.50 PL 221.55 IF under 100 lbs.

You may have other options to apply to vacate your conviction under CPL 440. These options are usually used if you have immigration concerns, but consult with a lawyer to see if you have other options.

Human trafficking is a crime which involves forced or coerced labor. If you were convicted of a crime as a result of being a survivor of human trafficking, you may be eligible to vacate your conviction(s). All convictions are eligible.

You may be able to apply for Youthful Offender (YO) adjudication if you were previously eligible for YO but did not receive it at the time of your conviction, at least 5 years have passed from sentencing or release from incarceration (whichever is later), and you have had no new convictions.

These offenses have been automatically expunged. There is nothing you need to do to make this happen:

PL 221.05 PL 221.10 PL 221.15 PL 221.20 PL 221.35 PL 221.40
PL 240.36 PL 240.37 PL 222.10 PL 222.15 PL 222.25 PL 222.45

PL 220.03 or PL 220.06* If the sole controlled substance was concentrated cannabis
Record destruction may be requested in writing but could be dangerous. Speak with an attorney before making the
request.

Clean Slate automatically seals records for most civil purposes.

No application is required, and there is no limit on the number of convictions eligible. Eligible convictions are automatically sealed after a waiting period with no new convictions. Time starts running on the date of sentencing or release from incarceration, whichever is later.

You must have no pending cases and have completed probation or parole. Sex offenses, sexually violent offenses, and non-drug Class A felonies are not eligible for sealing.

Sealed records will not show up on background checks when applying for most jobs, housing, and education.

Waiting Periods

• Misdemeanors and DWAI Infractions: 3 Years
• Felonies: 8 Years

Exceptions

Sealed records can still be accessed by entities that are allowed to run fingerprint-based background checks for work with vulnerable populations like children, the elderly, and people with disabilities, as well as entities that are mandated by law to consider sealed records or run fingerprint-based background checks. Sealed records can also be accessed by the courts, prosecutors, law enforcement, DMV, NYSED, private transportation companies like Uber and Lyft, gun licensing authorities, and immigration agencies.

Timeline

• November 16, 2024: Law becomes effective.
• November 16, 2027: Deadline for full implementation. All eligible records should be sealed by this date.

If you are not a US citizen, speak with an immigration attorney about your record. Immigration agencies may still be able to see your record even after it’s cleared and you may have to do more things to protect yourself.

For more information click here, email CaseClosed@legal-aid.org, or call 212-298-3120.

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.