New York Clean Slate Act Attorneys
Last updated: May 2026
The New York Clean Slate Act was signed into law in November 2023 and took effect November 16, 2024. Codified at Criminal Procedure Law § 160.57, the law directs the New York State Office of Court Administration to automatically seal eligible misdemeanor convictions three years after sentencing or release, and eligible felony convictions eight years after sentencing or release, provided the person has remained conviction-free and has no pending charges. Implementation is phased: the State has up to three years to work through the existing backlog of eligible records. If you are reading this in 2026 and a case you believe is eligible still appears on a background check, you are not alone — that is how a multi-year rollout typically looks.
Who is eligible under the Clean Slate Act
CPL 160.57 covers most New York misdemeanors and most felonies, but excludes: all sex offenses requiring SORA registration, all Class A felonies (with the exception of certain marijuana-related Class A felonies covered by the MRTA), and most non-drug Class A felonies under the Penal Law. The person must have completed all sentence terms (incarceration, parole, and any post-release supervision), must not have any pending criminal charges in New York, and must not have been convicted of a new offense during the applicable waiting period (3 years misdemeanor / 8 years felony, measured from the later of sentencing or release from custody and supervision).
The Act does not seal federal records, out-of-state records, or records held by federal immigration authorities. People with immigration concerns should speak with both a New York criminal attorney and an immigration attorney before relying on any sealing-based relief.
How automatic sealing actually works
Under CPL 160.57, no application is required. The Office of Court Administration is responsible for identifying eligible cases, confirming that the waiting periods are met, and applying the seal to the public-record return. Sealed records are removed from the public-access portion of the OCA database and from most commercial background-check vendor feeds. Law enforcement, the courts, and a defined list of licensing and government agencies retain access.
OCA was given up to three years from the November 16, 2024 effective date to work through the existing backlog. New convictions that become eligible after the effective date are sealed on a rolling basis as their waiting periods complete.
When you may still need an attorney (and a petition)
The Clean Slate Act does not replace CPL 160.59 — the 2017 motion-based sealing law is still available, and for some people CPL 160.59 will provide relief earlier than the Clean Slate waiting periods or for cases the Act excludes. If a case the petitioner believes is eligible under CPL 160.57 still appears on a background check 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 clerk or unit to correct the record, or file a CPL 160.59 motion as a parallel path.
Why a New York attorney can help
The Clean Slate Act intersects with CPL 160.59 (motion-based sealing), CPL 160.50 / 160.55 (arrest-and-acquittal sealing), the MRTA (marijuana vacatur), and Article 23 of the Mental Hygiene Law (judicial-diversion sealing). A New York attorney can pull a current RAP sheet, identify which pathway fits each case on a person's record, confirm the waiting-period math, and address cases that should have sealed automatically but did not. ExpungeReady lists licensed New York attorneys for informational purposes only; we do not endorse any attorney and do not collect referral fees.
Frequently asked questions
Does the Clean Slate Act expunge my record?
It seals — not expunges. The conviction is removed from public-record returns and from most commercial background checks. Courts, law enforcement, and certain licensing agencies retain access under the statute.
Why is my old case still showing if it should have been auto-sealed?
The Office of Court Administration was given up to three years from November 16, 2024 to clear the existing backlog. Records also need to be updated at the State Division of Criminal Justice Services and at commercial background-check vendors, which can lag the court record. A New York attorney can help confirm the underlying record was sealed and address vendor lag.
Should I still file a CPL 160.59 motion if I think Clean Slate covers me?
For some petitioners the CPL 160.59 motion will produce a sealed record sooner than the Clean Slate waiting period, or will reach cases the Clean Slate Act excludes. Whether to file is a legal question — a New York attorney can review the record and confirm.
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