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New York

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for sealing in some situations. 

  • With certain exceptions, if you were convicted of a traffic infraction or violation, the record can be sealed immediately. It is up to the judge whether or not to seal the record. 
  • With certain exceptions, if you were convicted of one or two offenses, and just one was a felony, the records can be sealed after 10 years. It is up to the judge whether or not to seal the record. 
  • If you were a victim of sex trafficking, labor trafficking, aggravated labor trafficking, compelling prostitution, or trafficking of persons, your record may be vacated by the court. It is up to the judge whether or not to grant your petition. 
  • Records relating to convictions for marijuana possession as a violation or a misdemeanor are vacated and expunged immediately. 

Records relating to specified controlled substance convictions can be conditionally sealed by the court upon the successful completion of drug treatment. 

Adult criminal records for arrests for which you were never convicted are eligible for sealing and destruction. 

  • If you were arrested but no charges were filed or the case ended in your favor, the court records should be sealed, and the arrest records destroyed or returned to you immediately. 
  • If you were arrested for operating a motor vehicle or boat after consuming alcohol when you were under 21 and the case ends in your favor, the record should be sealed when you turn 21 or three years after your arrest, whichever is later. If you meet the criteria, the judge has to seal the record. 

Adult Criminal Record Clearance Policies

Records relating to convictions for marijuana possession under sections 221.05 and 221.10 are vacated and expunged immediately. N.Y. Crim. Proc. Law § 160.50(5).
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Records of one or two eligible convictions, only one of which may be a felony, can be sealed by the court 10 years after conviction or release from incarceration, if applicable. N.Y. Crim. Proc. Law § 160.59.
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Records of a criminal proceeding resulting in a conviction for a traffic infraction or a violation can be sealed by the court unless the court directed that the records not be sealed in the interests of justice. N.Y. Crim. Proc. Law § 160.55(1).
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Records of convictions as a result of having been a victim of sex trafficking, labor trafficking, aggravated labor trafficking, compelling prostitution, or trafficking of persons may be vacated by the court. N.Y. Crim. Proc. Law § 440.10(1)(i).
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Records relating to specified controlled substance convictions can be conditionally sealed by the court upon the successful completion of drug treatment. N.Y. Crim. Proc. Law § 160.58(1).
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Records of the court proceeding are sealed, and records of the arrest are destroyed or returned when no charges are filed or a case terminates in the person's favor. N.Y. Crim. Proc. Law § 160.50.
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Records of an arrest resulting in a waiver of a hearing pursuant to section 1192(10)(c) of the vehicle and traffic law or section 49-b of the navigation law will be sealed when the person reaches the age of 21 or three years from the date of the offense, whichever is the greater period of time. N.Y. Crim. Proc. Law § 160.55(5)(a).
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Records of an arrest for violations of section 1192-a or 1194-a of the vehicle and traffic law or section 49-b of the navigation law that are resolved in favor of a defendant who is under the age of 21 will be sealed no later than three years from the date of the offense or when the person reaches the age of 21, whichever is the greater period of time. N.Y. Crim. Proc. Law § 160.55(5)(b).
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Juvenile Record Clearance Overview

Below is a general overview of when juvenile records can be sealed or expunged in New York. Please note that the Clean Slate Clearinghouse does not provide legal advice. 

Read the legal policies and statutes for detailed statutory information. 

Juvenile Record Clearance Policies Overview 

Most juvenile records can be sealed. 

  • A record relating to a juvenile delinquency matter can be expunged at the discretion of the court. 
  • If your charges were dismissed—you were not adjudicated (not found guilty)—on or after April 14, 2010, your record can be sealed when the case is dismissed. It is up to the judge whether or not to seal your record. 
  • If your charges were dismissed—you were not adjudicated (not found guilty)—before April 14, 2010, your record can be sealed at any time. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
  • Until October 1, 2018, if you were adjudicated (found guilty), your record can be sealed after you turn 16. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
  • From October 1, 2018, through September 30, 2019, if you were adjudicated (found guilty), your record can be sealed after you turn 17. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
  • As of October 1, 2019, if you were adjudicated (found guilty), your record can be sealed after you turn 18. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
  • If you are an eligible youth who was not determined to be a youthful offender by the sentencing court, you may apply to the sentencing court for a new determination. 
  • Records of traffic infractions committed by a juvenile 16 years of age or 17 years of age, commencing on October 1, 2019, shall be sealed automatically at the expiration of a successful period of an adjustment, adjournment in contemplation of dismissal or conditional discharge. 

You can also submit a request to the court at any time to expunge your juvenile record, but it is up to the court whether or not to grant your request. 

You may not be eligible for sealing if you have certain felony convictions or adjudications on your record. 

Find a Lawyer 

If you think you might be eligible to clear have your record sealed or expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court. 

Court Forms and Resources 

If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

Juvenile Record Clearance Policies

A record relating to a juvenile delinquency matter can be expunged at the discretion of the court. N.Y. Fam. Ct. Act § 375.3.
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An individual who was an eligible youth, who was not determined to be a youthful offender by the sentencing court, may apply to the sentencing court for a new determination, after at least five years have passed since the imposition of the sentence. See N.Y. Fam. Ct. Act § 720.20(5)(a).
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Traffic infractions committed by a juvenile 16 years of age or, commencing on October 1, 2019, 17 years of age, shall be sealed automatically at the expiration of a successful period of an adjustment, adjournment in contemplation of dismissal or conditional discharge. N.Y. Fam. Ct. Act § 375.2(7).
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Records relating to a delinquency proceeding terminated in favor of the respondent will be sealed immediately, unless the court determines that the interests of justice require otherwise. N.Y. Fam. Ct. Act § 375.1(1).
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Records relating to a delinquency proceeding terminated in favor of the respondent before April 14, 2010, will be sealed upon petition, unless the court determines that the interests of justice require otherwise. N.Y. Fam. Ct. Act § 375.1(6).
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Records relating to an action that has resulted in a finding of delinquency can be sealed upon petition, so long as the person is at least 17 years old, the court finds it is in the interests of justice, and the person is not subject to a disqualifying felony. N.Y. Fam. Ct. Act § 375.2(6).
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Find A Lawyer

Legal service providers located in the state.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

Judicial Process Commission

Service area: Monroe County and surrounding counties

Legal Action Center

Service area: Statewide

Youth Represent

Service area: City of New York

Community Service Society of New York

Service area: City of New York

Center for Community Alternatives

Service area: Cities of New York, Syracuse, and Rochester

The Legal Aid Society

Service area: City of New York

Bronx Defenders

Service area: Bronx County

Legal Services of Central New York

Service area: Jefferson, Lewis, Herkimer, Oneida, Oswego, Onondaga, Madison, Cayuga, Cortland, Chenango, Otsego, Broome and Delaware counties

Court Forms & Resources

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CSG Justice Center

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