New York Clean Slate Act (2024): Who Qualifies, When Records Seal & What to Do Next
Last updated: June 2026
If you live in New York and an old case has been blocking you from a job, an apartment, a professional license, custody, or peace of mind, the Clean Slate Act may finally be the law that clears it. The Act took effect November 16, 2024, and for the first time in New York history, most eligible misdemeanors and felonies automatically seal once enough time has passed — no petition, no filing fee, no hearing.
Searches for "clean slate act NY," "clean slate NY who qualifies," "NY auto seal felony," and "how do I know if my record was sealed in NY" have climbed steadily since the law took effect. The reality is that the Office of Court Administration was given up to three years to work through the existing backlog. If your record still shows the old case in 2026, you have not been forgotten — you are inside a multi-year rollout, and there are concrete steps you can take right now to check on it.
This guide is written for the person reading it on a phone, not for a lawyer in a conference room. We walk through who qualifies, when the seal applies, what is excluded, and what to do if a case that should have sealed still appears on a background check. None of this is legal advice; it is plain-English summary of CPL § 160.57 so you can have an informed conversation with a licensed New York attorney.
Who qualifies under the Clean Slate Act
Under Criminal Procedure Law § 160.57, a conviction is generally eligible for automatic sealing if all of the following are true:
- The waiting period has passed — 3 years for misdemeanors or 8 years for felonies, measured from the later of (a) the date of sentencing or (b) the date of release from incarceration.
- The person has remained conviction-free during the entire waiting period.
- The person has no pending criminal charges anywhere in New York.
- The conviction is not on the statutory exclusion list — most importantly: no sex offense requiring SORA registration, no Class A felony (with limited marijuana-related exceptions covered by the MRTA), and certain other serious offenses.
- All terms of the sentence — incarceration, parole, and post-release supervision — have been completed.
If any of those conditions is not met for a specific case, that case may still be eligible under a different pathway — most commonly the motion-based sealing law (CPL § 160.59), or marijuana vacatur under the MRTA. A New York attorney can sort which cases on a record fit which pathway.
When records actually get sealed
Sealing under the Clean Slate Act is automatic — no application is required. The Office of Court Administration is responsible for identifying eligible cases, confirming the waiting periods are met, and applying the seal. OCA was given up to three years from November 16, 2024 to clear the existing backlog of eligible records. New convictions become eligible on a rolling basis as their waiting periods complete.
Once a case is sealed under CPL 160.57, it is removed from the public-access portion of the OCA database and from the public-record return used by most commercial background-check vendors. The petitioner may lawfully answer that the conviction never occurred on most employment and housing applications. Law enforcement, the courts, and certain licensing agencies (including those that license attorneys, peace officers, and firearms holders) retain access under the statute.
Clean Slate Act vs. CPL 160.59 vs. MRTA — which is mine?
| Pathway | Statute | How it starts | Best for |
|---|---|---|---|
| Clean Slate Act | CPL § 160.57 | Automatic, no filing | Most misdemeanors (3 yrs) and most non-excluded felonies (8 yrs) |
| CPL 160.59 sealing | CPL § 160.59 | Motion in sentencing court (10 yr wait) | Up to 2 prior convictions (max 1 felony); useful when Clean Slate excludes the offense |
| MRTA marijuana vacatur | Penal Law § 221 / MRTA (2021) | Automatic for most low-level marijuana convictions | Pre-legalization marijuana convictions for conduct no longer criminal — true expungement, not sealing |
| Arrest sealing | CPL § 160.50 / 160.55 | Automatic at dismissal / acquittal | Arrests not resulting in conviction and most acquittals |
"My case should have sealed but it still shows up"
This is the single most common question about the Clean Slate Act, and it has a real explanation. There are three places a New York criminal record lives, and all three need to be updated for an old case to truly disappear from a background check:
- The court record — held by the Office of Court Administration (OCA). This is what CPL 160.57 directs OCA to seal.
- The state criminal history (RAP sheet) — held by the Division of Criminal Justice Services (DCJS). DCJS updates from OCA but on its own schedule.
- Commercial background-check vendor databases — purchased copies of court and state data that update on the vendor's own schedule.
If a case appears eligible but still shows on a background check, the practical first step is a Personal Record Review at DCJS. A New York attorney can request that record, identify whether the issue is at OCA, DCJS, or the vendor, and pursue the right correction.
What sealing under the Clean Slate Act does not do
- It does not destroy the record. It seals it from public view.
- It does not seal federal records or undo federal background-check entries.
- It does not undo a deportation order or eliminate immigration consequences that have already attached.
- It does not bypass certain licensing reviews (bar admission, peace-officer hiring, firearms-license review).
- It does not restore firearms rights lost because of a felony.
Next steps
- Request a Personal Record Review (RAP sheet) from DCJS to see what the state record currently shows.
- Cross-check against the case docket on the OCA WebCrim portal.
- If a case that appears eligible has not been sealed, talk to a licensed New York attorney about a CPL 160.59 motion, a DCJS / OCA correction request, or both.
- See CPL 160.59 sealing, marijuana vacatur, or the full New York attorney directory.
Frequently asked questions
When did the New York Clean Slate Act take effect?
The Clean Slate Act was signed into law in November 2023 and took effect November 16, 2024. The Office of Court Administration was given up to three years from the effective date to clear the existing backlog of eligible records.
How long do I have to wait before my New York record is sealed under the Clean Slate Act?
Eligible misdemeanors are sealed three years after sentencing or release from incarceration, whichever is later. Eligible felonies are sealed eight years after sentencing or release. Any new criminal conviction during the waiting period or any pending criminal charge in New York generally prevents the seal from applying.
When will my record actually be sealed — is there a specific date?
There is no single date. Sealing rolls out on a case-by-case basis as each record meets its waiting period. The Office of Court Administration has up to three years from November 16, 2024 (i.e., by November 2027) to process the existing backlog. New convictions become eligible and are sealed on a rolling basis once their individual waiting periods complete. If you believe your waiting period has already passed and the record still appears, request a DCJS Personal Record Review and consult a New York attorney.
Is "Clean Slate" the same as "expungement" in New York?
No. The Clean Slate Act seals records — it does not expunge them. Sealed records are removed from the public-record return used by most background checks and from most public-access portions of the court database. Law enforcement, the courts, and a defined list of licensing and government agencies retain access under the statute. Only marijuana convictions covered by the 2021 MRTA are true expungement.
Which convictions are NOT covered by the New York Clean Slate Act?
CPL 160.57 excludes all sex offenses requiring SORA registration, most Class A felonies, and certain other serious offenses. The statute is the controlling list; an attorney can confirm whether a specific conviction qualifies.
My case should have been auto-sealed under the Clean Slate Act — why does it still show up?
The Office of Court Administration is rolling sealing out across millions of records and has up to three years from November 16, 2024 to clear the backlog. State Division of Criminal Justice Services updates and commercial background-check vendor updates can also lag the court record. If a case the petitioner believes is eligible still appears after the relevant waiting period has passed and the OCA backlog window has closed, an attorney can confirm eligibility, check the OCA record, contact the appropriate unit, or file a CPL 160.59 motion as a parallel path.
Does the Clean Slate Act protect me from federal immigration consequences?
No. The Act does not seal records held by federal agencies — including ICE — and does not undo a deportation order. People with immigration concerns should speak with both a New York criminal attorney and an immigration attorney before relying on any sealing-based relief.
Do I still need a lawyer if the sealing is automatic?
Most people will not need to file anything. A lawyer is most useful when (a) a case that should have sealed still appears on a background check, (b) the record contains a mix of cases — some eligible under Clean Slate, some only eligible under CPL 160.59 or the MRTA, or (c) immigration, professional licensing, or firearms-rights consequences need to be evaluated alongside sealing.
This page is general information about New York Criminal Procedure Law § 160.57 and is not legal advice. Whether a specific case qualifies under the Clean Slate Act, CPL 160.59, or the MRTA depends on the full record and should be confirmed with a licensed New York attorney.