A sealed record is not visible to most employers and landlords, and in most settings you are not required to disclose a sealed arrest. New York has several separate sealing routes, and which one applies depends on how the case ended and how long ago.
Sealing routes
- Favorable termination (CPL § 160.50): dismissals, acquittals and completed ACDs are sealed automatically.
- Non-criminal dispositions (CPL § 160.55): most pleas to violations or traffic infractions are sealed, with some exceptions.
- Discretionary sealing (CPL § 160.59): you may apply to seal up to two convictions, no more than one of them a felony, ten years after sentencing or release. Certain offenses are not eligible.
- Clean Slate Act (CPL § 160.57): in effect since November 16, 2024, it provides automatic sealing for eligible misdemeanor convictions three years after sentencing and eligible felony convictions eight years after release, with exclusions. The courts are implementing it in stages.
What sealing does not do
Sealed records remain available to some agencies, including law enforcement in some circumstances and certain licensing and firearm authorities. Sealing in New York also does not by itself change how immigration authorities view a conviction.
Questions clients ask
My case was dismissed but it still shows up on a background check. What can I do?
Commercial background check companies sometimes keep stale data. We can confirm the court and state records are sealed and help you dispute inaccurate reports.
This page is general information about New York law, current as of its last review. It is not legal advice about your situation, and laws and court practices change. Speak with a lawyer about the facts of your case.