New York’s Clean Slate Act took effect on November 16, 2024, and it is the most significant criminal justice reform in New York State in decades. For millions of New Yorkers with old criminal convictions, it means their records can be automatically sealed — without having to hire an attorney, file paperwork, or appear in court. This guide explains exactly how the Clean Slate Act works, who is eligible, what sealing means in practice, and what it does not cover.
What the Clean Slate Act Does
The Clean Slate Act (Criminal Procedure Law Section 160.57) requires the automatic sealing of eligible criminal convictions after a waiting period has been satisfied. Unlike the prior sealing law (CPL 160.59), which required individuals to petition the court, Clean Slate is automatic — if you meet the criteria, the Office of Court Administration seals your record without any action on your part.
Who Is Eligible for Automatic Sealing
Misdemeanor Convictions
Eligible for automatic sealing 3 years after:
- The date of sentencing, OR
- The date of release from incarceration (whichever is later)
Felony Convictions
Eligible for automatic sealing 8 years after:
- The date of sentencing, OR
- The date of release from incarceration (whichever is later)
Additional Requirements
- You must not have any pending criminal charges at the time of sealing
- You must not have been convicted of a new crime during the waiting period
- You must have completed all terms of any sentence, probation, or parole
What Is NOT Eligible for Sealing Under Clean Slate
The Clean Slate Act has significant exclusions. The following convictions are not automatically sealed:
- Any sex offense requiring registration under the Sex Offender Registration Act (SORA)
- Class A felonies (the most serious felonies — murder, kidnapping in the first degree, etc.)
- Certain class B felonies involving violent offenses
- Sexually motivated felonies
- Convictions that resulted in a life sentence
If your conviction falls into one of these categories, you may still be eligible to petition for sealing under the older CPL 160.59 process — see our record sealing petition guide.
What Sealing Means in Practice
When your record is sealed under Clean Slate:
- Background checks: Sealed records do not appear on most criminal background checks — employers, landlords, and licensing agencies conducting standard checks will not see sealed convictions
- Legal answer: You can legally say you have not been convicted of a sealed offense in most situations — job applications, housing applications, licensing applications
- Court records: Sealed records are removed from public court databases
- Law enforcement access: Police and prosecutors can still access sealed records for certain purposes (future prosecutions, law enforcement employment background checks)
- Government licensing: Certain licensing boards may still be able to access sealed records — varies by license type
Sealing Is Not Expungement
New York does not have general expungement for adult criminal records — Clean Slate creates sealing, which is different. Expungement destroys the record entirely. Sealing hides it from most public view but the record still exists and can be accessed by law enforcement. For most practical purposes — employment, housing, licensing — sealing achieves similar results to expungement. But the conviction is not erased.
How to Know If Your Record Has Been Sealed
Because Clean Slate is automatic, you may not receive direct notification. To verify whether your record has been sealed:
- Request a copy of your criminal history from the NYS Division of Criminal Justice Services (DCJS) at criminaljustice.ny.gov
- Contact the courthouse where you were convicted and ask about the status of your case
- Free legal help is available — see the resources section below
Employment and Housing After Clean Slate
Even before Clean Slate, New York had strong protections for people with criminal records in employment and housing:
- NYC Fair Chance Act: Employers cannot ask about criminal history until after a conditional offer of employment. See our Fair Chance Act guide.
- Article 23-A (Correction Law): Employers must consider specific factors before denying employment based on a criminal record — they cannot automatically disqualify based on any conviction
- NYC source of income discrimination: Landlords cannot automatically reject applicants with criminal records without individualized assessment in many circumstances
Free Legal Help
- Legal Aid Society — Criminal Defense Practice: (212) 577-3300 | legalaidnyc.org
- The Legal Aid Society Clean Slate Hotline: Check legalaidnyc.org for current Clean Slate clinics and outreach events
- Bronx Defenders: (718) 838-7878 — free criminal defense and reentry services for Bronx residents
- Brooklyn Defender Services: (718) 254-0700 — reentry and Clean Slate help for Brooklyn residents
- Queens Defenders: (718) 286-2000
- The Reentry Council of the City Bar: Free legal clinics for people with criminal records — through NYC Bar Association
Frequently Asked Questions
Do I need to do anything to get my record sealed under Clean Slate?
No. Clean Slate is automatic — the Office of Court Administration seals eligible records without any action from you. However, sealing takes time to process, and you should verify your record status through DCJS or a legal aid organization rather than assuming sealing has occurred.
Can I still be denied a job based on a sealed record?
Standard employer background checks will not reveal sealed records. Employers who somehow learn of a sealed conviction cannot legally use it against you for most employment decisions under NYC’s Fair Chance Act and Article 23-A. Law enforcement agencies and certain licensed professions may have broader access.
What if my conviction is not eligible for Clean Slate?
You may be eligible to petition for sealing under CPL 160.59, which allows individuals with up to two convictions (no more than one felony) to petition the court for sealing 10 years after sentencing or release. Contact a legal aid organization to evaluate your eligibility for the petition process.
Does Clean Slate affect federal records?
No. Clean Slate only seals New York State court records. Federal convictions are separate and not affected. Additionally, some federal databases may retain New York conviction records — the sealing’s practical effect on federal background checks can vary. Consult a criminal defense attorney for guidance on specific federal implications.
I have both sealed and unsealed convictions. Will employers see the unsealed ones?
Yes. Only the specific sealed convictions are hidden. Any convictions that do not qualify for sealing — either because they are ineligible offense types or the waiting period has not elapsed — will still appear on background checks. Clean Slate does not create a clean slate for your entire record, only for the specific eligible convictions.
