How the Clean Slate Act in New York Seals Criminal Records, and Who Still Sees Them

You’ve probably heard that New York’s Clean Slate Act “erases” old convictions. It does not. The law was signed November 16, 2023 and took effect November 16, 2024, and courts have until November 16, 2027 to seal the millions of qualifying cases. Sealing hides a conviction from most employers and landlords, but police, prosecutors, immigration officers, the DMV, and certain fingerprint-based employers still see the file. Here is which records qualify, how to check yours, and who keeps access.

Quick answer: will your record disappear?

• Misdemeanor or DWAI (driving while ability impaired): seals 3 years after sentencing or release, once probation or parole ends.
• Eligible felony: seals 8 years after release; the clock pauses while another criminal charge is pending.
• Never seals: sex-offense convictions and most Class A felonies that are not drug crimes.
• Outside New York’s reach: federal and out-of-state convictions remain public.

Sealing is not expungement or a pardon. Under Criminal Procedure Law §160.57, the file is locked away from most civilian background checks, not destroyed. You do not file papers or pay a fee: the Unified Court System matches eligible cases and sends electronic sealing orders to the Division of Criminal Justice Services (DCJS), clerks, and police. No letter arrives, so you have to check for yourself. The statute also promises a manual-review form; once the courts publish it, you or your lawyer can request review, and the courts must decide within 30 days.

Sealing also leaves some traces: published court opinions, old news coverage, DNA and fingerprint databases, DMV points, and unpaid fines or restitution, which keep generating bills.

Which records qualify, and which stay public

The waiting clock starts on the sentencing date if you served no jail time, or on the release date if you did. Supervision must be finished, and an open felony case anywhere in the United States freezes the timer. There is no limit on the number of qualifying convictions: each one runs its own clock and seals when its conditions are met.

Some convictions never seal: offenses that place someone on the sex-offender registry, most Class A felonies (certain Article 220 drug felonies are the exception), and federal or out-of-state cases. If your record includes one of these, you can still look at petition-based sealing, treatment-related sealing, or a Certificate of Relief.

New York is not alone. In July 2026 Missouri became the 14th state to pass a Clean Slate law, joining Pennsylvania, Michigan, Illinois, and others, plus Washington, D.C. The Clean Slate Initiative posts each win in its Clean Slate campaign news by state feed, which is worth bookmarking if you are planning an interstate move. For a step-by-step view of what happens during automatic sealing, see our earlier guide.

How to check whether your record is sealed

The reliable test is to pull both versions of your own criminal-history report from DCJS:

1. Unsuppressed RAP sheet: shows everything the state keeps, sealed and unsealed.
2. Suppressed RAP sheet: hides Clean Slate convictions; this is close to what most private employers receive.

Order them through DCJS’s Record Review service: register, schedule fingerprints at an IdentoGO site (or mail a card from outside New York), and pay the current fee. If a conviction appears on both reports, it is still public. If it shows only on the unsuppressed copy, Clean Slate did its job. Found an error? Get a certified disposition from the sentencing court and submit DCJS’s correction form.

If a background-check company still reports a sealed case, dispute it in writing under the Fair Credit Reporting Act and attach your suppressed RAP sheet. Official instructions: New York State DCJS Record Review.

Who can still see a sealed record

Most private employers, landlords, insurers, and lenders should no longer see a sealed conviction, and under Executive Law §296(16) they may not ask about it or act on it. The main exceptions:

• Law enforcement and courts: police and prosecutors can view it during investigations, and judges can use it at bail or sentencing.
• Fingerprint-mandated employers: schools, nursing homes, day-care centers, and hospitals receive sealed records. They must give you a copy and weigh the Article 23-A fairness factors before deciding.
• Firearm authorities: a sealed felony appears on pistol-permit applications; the seal does not restore gun rights.
• DMV: driving-related convictions stay in DMV systems.
• Immigration agencies: USCIS, ICE, and Customs and Border Protection keep full access.
• Future cases: a sealed conviction can still enhance a later sentence.

What employers and landlords need to know

• Ordinary background checks: consumer-reporting agencies may not report a sealed conviction, and an application question such as “Have you ever been convicted of a crime?” can be answered “No” for the sealed offense.
• Notice rule: if a company lawfully receives sealed data, Executive Law §845-d requires it to give you a copy, supply the Article 23-A factors, and wait a reasonable period before acting. That pause is your chance to correct the record.
• Housing: landlords may not ask about or act on a sealed conviction, and New York City’s Fair Chance Housing Law adds stricter local limits on when owners can consider even some unsealed convictions.

The immigration reality check

A New York seal changes state privacy rules, not federal immigration law. If a naturalization or green-card form asks, “Have you ever been convicted of a crime?” the truthful answer is still “Yes,” with certified court papers attached. When you land at JFK after visiting family in Kingston or Port of Spain, border officers can still see the record.

Keep certified dispositions and your unsuppressed RAP sheet in your travel folder, and talk to an immigration lawyer before you file for naturalization, renew a visa, or sponsor a relative.

Living in Florida with a New York record

Clean Slate still helps after you move.

• Verify first. Order both RAP sheets from DCJS while living in Florida. If the conviction drops off the suppressed copy, it should be invisible to most civilian checks.
• Dispute stale reports. Florida employers usually use commercial screeners regulated by the Fair Credit Reporting Act. Send any screener that reports the sealed case a written dispute with your suppressed RAP sheet; it has 30 days to investigate and correct.
• Regulated jobs. Nursing homes, schools, and similar employers can still see the sealed conviction through fingerprint databases.
• Scope limits. A New York seal does not touch a Florida conviction or federal records; it only hides the New York conviction from most civilian background checks wherever you live.

Conclusion

New York’s Clean Slate Act removes old convictions from most civilian background checks, while law enforcement, fingerprint-based employers, and immigration agencies keep access. Know your waiting period, pull both RAP sheets to confirm sealing, keep certified papers for immigration or licensing, and challenge any background report that still shows a sealed case. Until the November 2027 deadline passes, pull your RAP sheet each year until the seal appears in writing.