Arrest With No Conviction In New York
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FAQ
For a misdemeanor, records will be sealed three years after conviction or release from jail. For a felony, records will be sealed eight years after conviction or release from prison. Individuals must maintain a clean record and be no longer on probation or parole in order to qualify for record sealing.
For better or worse, the fact is that in the state of New York, you cannot expunge your criminal record. A record that is "expunged" is permanently erased. However, you can "seal" your criminal record in New York, which means it will become invisible to the public.
You just need to meet the basic eligibility requirements. That means if you complete your waiting periods without getting a new conviction, complete your community supervision, and don't have any pending charges, then sealing under Clean Slate will happen automatically. No application will be necessary.
At least 10 years have passed since you were sentenced for your last conviction or since you were incarcerated (whichever is later.) Any time you spent on probation or parole counts towards these 10 years, but time you served in jail or prison does not.
The Clean Slate Act (A. 1029-C) automatically seals certain criminal records to give more New Yorkers a second chance, reduce recidivism and contribute to their communities. Unfortunately, misinformation is being spread and has led to some confusion on what the Act does.
The FCRA's seven-year rule restricts the reporting of certain types of information for jobs paying less than a minimum salary threshold. Additionally, several states have seven-year restrictions on reporting criminal convictions.
Sealed Records: After 10 Years (CPL 160.59) If you have no more than two misdemeanor convictions or one felony and one misdemeanor conviction, you may be eligible to have those convictions sealed. You must apply to the court to have your records sealed.
The Clean Slate Act (A. 1029-C) automatically seals certain criminal records to give more New Yorkers a second chance, reduce recidivism and contribute to their communities. Unfortunately, misinformation is being spread and has led to some confusion on what the Act does.
