Automatic Nondisclosure For First-time Misdemeanors In New York
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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.
New York's “clean slate” legislation, the latest criminal justice bill signed by the Democratic governor, will automatically seal most criminal records three years after serving time or parole for a misdemeanor and eight years for felony convictions.
HOW TO FILE Request a Criminal Certificate of Disposition from the court. Complete and File the Sealing Application. Serve the District Attorney's Office. Fill Out An Affidavit of Service. File the Sealing Application. Attend Court Hearing. Confirm Sealing.
This law will automatically seal certain criminal records after a required waiting period – three years after conviction or release from jail for a misdemeanor and eight years after conviction or release from prison for a felony – provided they have maintained a clean record and are no longer on probation or parole.
Employers can't consider misdemeanors older than seven years if you apply for a job beneath this threshold. Other states that have seven-year rules include: California.
The Clean Slate Act (CPL 160.57) will automatically seal an individual's New York State criminal records. The law takes effect on November 16, 2024.
For many first-time misdemeanor offenses in California, judges will impose probation, community service, fines, or classes instead of jail time. The maximum sentence for misdemeanors is one year in county jail. But incarceration for the full year is rare, especially for minor first offenses.
The sentence for an A misdemeanor in New York can include up to one year in jail, a fine of up to $1,000, probation for two or three years, and/or a conditional discharge which can include the requirement to abide by certain conditions such as an Order of Protection or not being re-arrested.