This is general information, not legal advice. Contact a licensed attorney for guidance on your specific situation.
New York State’s Clean Slate Act took effect on November 16, 2024 — and as of May 2026, it is actively changing the lives of New Yorkers with old criminal records. The law automatically seals eligible conviction records after a waiting period, without requiring you to file a petition, hire a lawyer, or appear in court. The Office of Court Administration (OCA) has until November 16, 2027 to complete the sealing of all eligible pre-existing records.
The New York City Comptroller’s office estimates that more than 500,000 NYC residents could be eligible to have their criminal history automatically sealed under this law — close to 80 percent of whom are Black or Latino, according to the same report. This is one of the most consequential legal changes for New Yorkers in years, and many people who qualify do not yet know it.
Who This Helps
New Yorkers who have old misdemeanor or felony convictions on their records and who have completed their sentence, finished parole or probation, and stayed out of trouble for the required waiting period. Also helpful for employers, landlords, and housing caseworkers who need to understand how New York’s sealing law works.
What the Clean Slate Act Does
The Clean Slate Act (signed by Governor Kathy Hochul and codified in New York law) requires the automatic sealing of eligible conviction records after the following waiting periods:
- Misdemeanor convictions: Automatically sealed 3 years after sentencing or release from incarceration, whichever is later.
- Felony convictions: Automatically sealed 8 years after sentencing or release from incarceration, whichever is later.
Once sealed, conviction records are not accessible to most employers, landlords, or members of the public conducting background checks. This means the record cannot be used to deny you a job, an apartment, or a license in most circumstances.
Who Is NOT Eligible
The Clean Slate Act has important exclusions. Your record will not be automatically sealed if:
- You are currently facing pending criminal charges.
- You are currently on parole or probation.
- You are required to register as a sex offender.
- You were convicted of a Class A felony — with the exception of Class A drug possession or sale convictions, which are eligible for sealing.
- You received a life sentence.
If any of these conditions apply, automatic sealing will not occur until the disqualifying condition is resolved.
You Do Not Need to Apply — But You Do Need to Know the Timeline
The Clean Slate Act is automatic — there is no application form, no filing fee, and no court appearance required. The OCA is responsible for identifying eligible records and sealing them.
However, because the law only took effect in November 2024 and the OCA has until November 2027 to process all pre-existing eligible records, your record may not yet be sealed even if you meet all the criteria. This is a processing timeline issue, not a denial.
If your waiting period has passed and you believe your record should be sealed but are concerned it has not been processed yet, a free legal aid attorney can help you confirm your status and, if necessary, follow up with OCA.
What Happens After Your Record Is Sealed
A sealed record under the Clean Slate Act is not accessible to most employers or private parties. However, certain entities can still access sealed records by law:
- Law enforcement agencies, courts, prosecutors, and defense attorneys can still view sealed convictions in appropriate circumstances.
- Gun licensing agencies can access sealed records.
- Employers who conduct fingerprint-based background checks for positions involving vulnerable populations — such as working with children or older adults — can also access sealed records.
For most job applications, apartment applications, and professional licenses, a sealed record should not appear and cannot be used against you. If an employer or landlord improperly uses a sealed record to deny you, that may be a violation of New York law, and you should contact a legal aid organization.
The Older Sealing Law Still Applies (CPL § 160.59)
Before the Clean Slate Act, New York had a petition-based sealing process under Criminal Procedure Law § 160.59, which allows individuals to petition to seal up to two criminal convictions (including up to one felony). This older process still exists and may be relevant for people who want to act sooner than the Clean Slate timeline or who have convictions that do not qualify under Clean Slate.
Under CPL § 160.59, you must file a petition in the court where you were convicted, wait at least 10 years from sentencing or release (whichever is later), and have no more than two total convictions on your record. A legal aid attorney can help you determine whether the petition route or the automatic Clean Slate route is right for your situation.
Free Legal Help for Record Issues in NYC
You do not need to navigate this alone. Several organizations offer free legal assistance for New Yorkers dealing with criminal records:
- The Legal Aid Society — provides free legal help for income-eligible New Yorkers.
Manhattan: (212) 426-3000 | Brooklyn: (718) 722-3100 | Bronx: (718) 991-4600 | Queens: (718) 286-2450 | Staten Island: (347) 422-5333
legalaidnyc.org/get-help - Legal Services NYC — free civil legal help including criminal record issues.
Phone: (917) 661-4500, Monday–Friday 9:30 a.m.–4:00 p.m.
legalservicesnyc.org - New York Legal Assistance Group (NYLAG) — free legal services for low-income New Yorkers.
nylag.org - LawHelpNY — free online resource and referral directory for legal help across New York State.
lawhelpny.org - NYC Bar Association Free Legal Help — guides on sealing, expungement, and criminal law.
nycbar.org — How to Seal Criminal Records
How to Take Action
- Learn if you qualify under Clean Slate: cleanslateny.org/faq
- NY Attorney General’s record sealing guide: ag.ny.gov — Sealing Your Criminal Record
- NY Courts sealed records information: nycourts.gov/courthelp/criminal/sealedRecords.shtml
- Clean Slate NY community resource: cleanslateny.org
- Legal Aid Society (all boroughs): Call the number for your borough listed above, or visit legalaidnyc.org/get-help
- LawHelpNY referrals: lawhelpny.org
If you have been living with a conviction on your record for years — struggling to find work, housing, or a fresh start — the Clean Slate Act may have already changed your legal situation. Find out where you stand.
This article contains general information about New York State law as of May 2026. Laws change. Contact an attorney or a legal aid organization for advice specific to your situation.
