New York Record Sealing: What It Covers and Who Can See It

Approximately 45 million Americans, 14% of the population, have a misdemeanor conviction on their record. (Tully Rinckey, 2022) In New York, hundreds of thousands of people carry conviction records that affect employment, housing, and professional licensing, even for offenses that are decades old and never repeated. New York's record sealing laws exist to address that. But eligibility is narrow, the process is not automatic for everyone, and sealed records are not invisible to all parties.

Before anything else: New York does not expunge most criminal records. It seals them. That distinction matters legally, practically, and for anyone on either side of a background screening decision.

Expungement vs. Sealing in New York

The term "expungement" is used loosely, but in New York it has a precise legal meaning. True expungement, where a record is destroyed and treated as if it never existed, applies only to certain marijuana-related convictions under the Marijuana Regulation and Taxation Act. For nearly everything else, the correct process is record sealing under N.Y. Crim. Proc. Law § 160.59. (NY Courts, 2024; NYC Bar, 2025)

Sealing restricts public access to a conviction record. The record still exists. Law enforcement can still see it. But it is removed from public databases and standard background checks.
New York has two pathways:

• Petition-based sealing under § 160.59: the individual applies to the court after a 10-year waiting period.

• Automatic sealing under the Clean Slate Act: effective November 2024, most misdemeanors are automatically sealed after 3 years and most felonies after 8 years, without a court application. (NY Courts, 2024)

"New York's Clean Slate Act is a significant step, but it does not replace the need for legal guidance. The automatic sealing timeline, the exceptions, and the access rules are more complicated than most people realize."

What Crimes Can Be Sealed in New York

Under petition-based sealing (§ 160.59), eligibility requires:

• A 10-year waiting period from sentencing or release from incarceration, whichever is later

• No more than two prior convictions on record, with only one being a felony

• No pending criminal charges

Offenses that are not eligible for sealing:

• Class A felonies

• Violent felonies under Penal Law § 70.02

• Sex offenses under Penal Law Article 130

• Homicide offenses under Penal Law Article 125

• Any attempt to commit an ineligible offense (Iannuzzi Law, 2022; Manhattan DA, n.d.)

Can a Class E felony be sealed in New York?

Yes. Class E felonies are the least serious felony classification in New York, carrying a sentence of 1 to 4 years. They are eligible for sealing under § 160.59 provided the individual meets all eligibility criteria and the offense does not fall on the ineligible list. Common Class E felonies, such as certain theft, fraud, or drug offenses, are among the convictions most frequently sealed under New York law. (Tsigler Law, 2025; Criminal Laws NY, n.d.)

Sealed records after 10 years refers to this petition-based pathway. The Clean Slate Act reduces that waiting period for automatic sealing to 3 years for misdemeanors and 8 years for felonies, but court-based petitions under § 160.59 still require the full 10 years.

Do Misdemeanors Go Away in New York?

Misdemeanors do not automatically disappear in New York. They remain on record unless sealed. Prior to the Clean Slate Act, sealing required a court petition. Under the Clean Slate Act, most misdemeanors are now sealed automatically after 3 years from sentencing or release, without any court filing required. (NY Courts, 2024)

Petition-based sealing under § 160.59 is still available for misdemeanors where the automatic pathway does not apply or where the individual wants to address the record within the 10-year window.

A sealed misdemeanor is removed from public background check databases. For most employment, housing, and licensing purposes, the individual may legally respond as though the conviction does not exist, unless the application specifically requires disclosure of sealed records, which some regulated industries do. (NYC Bar, 2025; Tully Rinckey, 2022)

Who Can See Sealed Records in New York

Sealed does not mean invisible. The following parties retain access to sealed conviction records in New York:
• Law enforcement agencies: for investigative and prosecution purposes

• Prosecutors: in subsequent criminal proceedings

• Courts: when sentencing for a later offense

• Certain licensing bodies: including firearms licensing and law enforcement employment

• Employers with statutory fingerprint-based screening authority: such as those hiring for positions with access to vulnerable populations, certain financial roles, and law enforcement-adjacent work

• The individual themselves: upon request (NY AG, n.d.; Katherine O'Brien Law, 2023; NYC Bar, 2025)

General employers conducting standard commercial background checks will not see sealed records. Sealed convictions do not appear in consumer reporting agency databases used for most employment and tenant screening.

The practical boundary: a sealed record is private from the general public but accessible to the government and to regulated employers with statutory screening authority.

"Individuals often assume that a sealed record is completely invisible. It is not. The distinction between what a private employer can see and what a licensing board or law enforcement agency can access is something people need to understand before they make decisions based on their sealed status."

Expungement vs. Sealing at a Glance
What This Means for Organizations Conducting Background Checks

For organizations in New York, including employers, landlords, financial institutions, and due diligence teams, sealed records have a direct impact on screening programs.

A clean result from a standard commercial background check does not mean a clean record. It means no publicly accessible record. For organizations that rely on database searches alone, the gap between a sealed conviction and no conviction is invisible in the output but real in the underlying record.

Organizations with statutory fingerprint-based screening authority, including those in financial services, healthcare, and law enforcement, can access sealed records and must factor them into hiring and licensing decisions accordingly.

For general employers, the practical obligation runs the other way: asking about sealed convictions in most hiring contexts is prohibited under New York law. The New York City Human Rights Law and state fair chance hiring provisions restrict when and how conviction history can be considered. (NY AG, n.d.)

For due diligence investigations, tenant screening, and corporate background reviews that require verification beyond commercial databases, investigative methodology that goes beyond standard database screening is necessary to understand the full picture. Our identity verification team supports organizations that need compliant, thorough background review across New York and Canada.

Frequently Asked Questions

Can a Class E felony be expunged in NY?

It cannot be expunged, but it can be sealed. Class E felonies are eligible for petition-based sealing under § 160.59 after a 10-year waiting period, provided the offense is not on the ineligible list.

What crimes can be expunged in New York?

Only certain marijuana-related convictions qualify for true expungement. All other offenses are addressed through record sealing, not expungement.

Do misdemeanors go away in NY?

Not automatically before the Clean Slate Act. Under the Clean Slate Act, most misdemeanors are now automatically sealed after 3 years.

Who can see sealed records in New York?

Law enforcement, prosecutors, courts in subsequent proceedings, certain licensing bodies, and employers with statutory fingerprint-based screening authority.

How do I get a felony sealed in NY?

File a petition under § 160.59 after the 10-year waiting period, or wait for automatic sealing under the Clean Slate Act after 8 years.

What is the 10-year rule for sealed records?

Petition-based sealing under § 160.59 requires a 10-year waiting period from sentencing or release. Automatic sealing under the Clean Slate Act applies after 3 years for misdemeanors and 8 years for felonies.

References

CPG Lawyers. (2025). How to Seal or Restrict a Criminal Record in New York. Retrieved from https://www.cpglawyers.com

Criminal Laws NY. (n.d.). Class E Felony. Retrieved from https://criminallawsny.com

Iannuzzi Law. (2022). Expungement FAQ. Retrieved from https://www.iannuzzi.net

Katherine O'Brien Law. (2023). Complete Guide to Sealing Conviction Records in New York. Retrieved from https://katherineobrienlaw.com

Manhattan District Attorney's Office. (n.d.). Sealing a Criminal Conviction. Retrieved from https://manhattanda.org

New York Courts. (2024). New York State's Clean Slate Act. Retrieved from https://www.nycourts.gov

New York State Attorney General. (n.d.). Sealing Your Criminal Record. Retrieved from https://ag.ny.gov

NYC Bar. (2025). How to Seal Criminal Records in New York City. Retrieved from https://www.nycbar.org

Tsigler Law. (2025). Can a Felony Be Expunged in New York? Retrieved from https://www.tsiglerlaw.com

Tully Rinckey. (2022). Can a Misdemeanor Be Expunged in New York? Retrieved from https://www.tullylegal.com