New York Felony Record Sealing Attorneys

Reviewed: May 27, 2026

Most people with a felony conviction in New York assume the record will follow them forever. For many non-violent felonies, that is not accurate anymore. Two different paths now exist to seal a New York felony: a court petition under CPL 160.59, available since 2017, and the Clean Slate Act (CPL 160.57), which began automatically sealing eligible felonies in November 2024. Neither path reaches every felony — but both cover far more ground than most people expect.

At a glance

✓ Non-violent Class C, D, and E felonies are eligible — Class A and violent felonies (PL § 70.02) are excluded
✓ CPL 160.59 petition: 10-year crime-free waiting period; up to 1 felony in a 2-conviction motion
✓ Clean Slate Act: 8-year waiting period; automatic sealing — no petition required
✓ DA has 45 days to object to a CPL 160.59 petition; court has full discretion on felony cases
✓ Sealing does NOT restore firearms rights — that requires a separate Certificate proceeding

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

Which felonies can be sealed under CPL 160.59

CPL 160.59 allows a court to seal up to two prior convictions, of which no more than one may be a felony, after a 10-year crime-free period from the later of sentencing or release from incarceration. The law excludes: any Class A felony (except certain marijuana-related Class A offenses vacated under the MRTA), any violent felony offense as defined in Penal Law § 70.02, any sex offense requiring SORA registration, any offense under Article 130 of the Penal Law, specified homicide and kidnapping offenses, and a few other enumerated crimes.

In practice, this means non-violent Class C, D, and E felonies are the primary targets of CPL 160.59 felony sealing petitions. Drug possession felonies, theft felonies, forgery, fraud, and similar non-violent offenses often fall into this category. Whether a specific conviction is on the exclusion list requires reviewing the exact Penal Law section — an attorney can confirm this quickly from your case paperwork.

Clean Slate Act felony sealing (CPL 160.57)

The Clean Slate Act, which took effect November 16, 2024, requires the Office of Court Administration to automatically seal eligible felony convictions after 8 years from the later of sentencing or release from any period of custody and supervision. Like CPL 160.59, the Clean Slate Act excludes Class A felonies (except MRTA marijuana), violent felonies under PL § 70.02, and sex offenses. No petition is required — the seal is applied by OCA on a rolling basis.

For someone with an older non-violent felony, this means the record may be in the process of being automatically sealed without any action on their part. For someone whose 8-year waiting period has recently passed, it means relief is coming through the OCA backlog process. For someone still within the 8-year window, CPL 160.59 may provide earlier relief if the 10-year clock has already run.

The court process for CPL 160.59 felony sealing

A CPL 160.59 motion is filed in the court that imposed the sentence on the most recent conviction being sealed. It requires a sworn statement of facts explaining why sealing serves justice, certificates of disposition for every prior conviction, and the petitioner's current DCJS RAP sheet. The District Attorney has 45 days to respond. For felony petitions, DA offices are particularly attentive — an attorney who understands how to present a felony sealing petition in a way that addresses the DA's likely concerns gives the petition a meaningfully better chance.

The court considers: time elapsed, evidence of rehabilitation, the petitioner's conduct and character since conviction, the nature and severity of the offense, and whether sealing would be contrary to public interest. Courts have significant discretion. There is no automatic right to sealing even if all statutory requirements are met.

What felony sealing actually changes

A sealed felony conviction is removed from the public-access portion of the OCA database and from the public-record return used by most commercial background-check vendors. For most housing, employment, and licensing applications outside of law enforcement, a sealed felony conviction is not visible. You may lawfully state on most applications that you were not convicted. Certain state and city agencies, law enforcement, federal agencies, and specific regulated licensing boards retain access. Federal background checks — including NICS for firearms purchases — are not affected by New York state sealing.

How to seal a New York felony conviction

Identify the Penal Law section of the felony conviction. Pull the certificate of disposition and identify the exact Penal Law or other statute of conviction. This determines whether the offense is on the CPL 160.59 or Clean Slate exclusion list — particularly whether it is a violent felony under PL § 70.02 or a Class A felony.
Calculate the waiting period. For CPL 160.59: 10 years from the later of sentencing or release from incarceration, with no new conviction during that period. For Clean Slate: 8 years from the later of sentencing or release from all custody and supervision.
Request a current DCJS RAP sheet. Obtain your complete New York State criminal history from DCJS. The RAP sheet identifies all convictions, their Penal Law codes, and whether any have already been sealed. For the CPL 160.59 motion, a RAP sheet is required as an exhibit.
Determine whether Clean Slate has already sealed the record. If 8+ years have passed since your release and the felony is not excluded, check the DCJS RAP sheet for a sealing notation. If the waiting period has run but sealing has not occurred, the OCA backlog may account for it — allow time before escalating.
Gather certificates of disposition for all prior convictions. CPL 160.59 requires certificates of disposition for every prior conviction on your record, not just the felony you want to seal. Collect certified copies from each court that handled your cases.
Prepare the CPL 160.59 motion papers. Your attorney prepares a sworn statement of facts explaining eligibility and the case for sealing, attaches the RAP sheet and certificates of disposition, and files in the sentencing court. Filing fees vary by county.
Serve the District Attorney and wait for response. The DA has 45 days to file a response. Most DAs review felony sealing petitions carefully. If the DA objects, a hearing will be scheduled where your attorney can address the objection.
Attend hearing if scheduled and receive the court's order. If a hearing is held, your attorney presents the case for sealing. Once the court grants the motion, the seal is applied to OCA and DCJS records. Verify removal from the public record and commercial background check vendors after the order issues.

Statutes cited

New York Criminal Procedure Law § 160.59 (Motion-based sealing) — N.Y. CPL § 160.59
New York Criminal Procedure Law § 160.57 (Clean Slate — automatic sealing) — N.Y. CPL § 160.57
New York Penal Law § 70.02 (Violent felony offense definition) — N.Y. PL § 70.02

Frequently asked questions

Can any felony be sealed in New York?

Not any felony — but many. Class C, D, and E non-violent felonies are the most common targets. Class A felonies, violent felonies under PL § 70.02, and sex offenses are excluded from both CPL 160.59 and the Clean Slate Act. A New York attorney can quickly confirm whether your specific conviction code is eligible.

Which is faster — CPL 160.59 petition or waiting for Clean Slate?

It depends on your timeline. CPL 160.59 requires a 10-year crime-free period and the DA can object. Clean Slate requires 8 years but is automatic — no petition, no DA, no court hearing. For someone whose 10-year clock has run, a CPL 160.59 petition may produce relief years before the Clean Slate backlog reaches their record. An attorney can advise which path makes sense for your specific dates.

I served state prison time for a felony. Can my record still be sealed?

Yes — both Clean Slate and CPL 160.59 are available for state prison sentences, not just probation. The waiting period starts from the date of release from parole or post-release supervision, not from the date of release from prison. The more serious the original sentence, the more likely the 10- or 8-year period has already run for older convictions.

Does sealing a felony restore gun rights in New York?

No. A felony conviction in New York prohibits firearm possession under both state and federal law. Sealing under CPL 160.59 or the Clean Slate Act does not restore firearms rights. Restoration of civil rights in New York requires a Certificate of Relief from Civil Disabilities or a Certificate of Good Conduct, both separate proceedings, and even then federal firearms disability under 18 U.S.C. § 922(g)(1) is not removed by a state-level certificate.

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