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Clear your New York record DIY

You can clear your New York record. New York law lets you seal many records automatically under the Clean Slate Act (CPL § 160.57) and seal certain other convictions by petition under CPL § 160.59. If you do not qualify for the automatic route, the process uses a petition filed with the court that handled the case and may involve a court hearing.

Expeal Ranking

New York's Expeal ranking is 14 out of 15, or a A. This is the average of five metric scores across four case types.

New York Expeal Ranking matrix: five metrics × four case types
Metric Misdemeanor — Arrest Misdemeanor — Conviction Felony — Arrest Felony — Conviction
Clean Slate 3 3 3 3
Expeal 3 2 3 2
Tasks 3 3 3 3
Wait 3 2 3 0
Cost 3 3 3 3
Total 15 13 15 11

The metrics are defined as follows:

  • Clean Slate: 3 if implemented; 2 if proposed or in the process of being implemented; 1 if being discussed; 0 if nothing.
  • Expeal: 3 if records are erased or destroyed; 2 if records are hidden but still exist; 1 if records are given a notation or some other form of reduction; 0 if nothing or if the process requires a pardon or similar prerequisite.
  • Tasks: 3 if application alone or automatic; 2 if straightforward court or administrative engagement is required; 1 if administrative engagement is required before straightforward court; 0 if convincing the court is required.
  • Wait: 3 if immediate to 1 year; 2 if 1 to 3 years; 1 if 3 to 5 years; 0 if more than 5 years or an intermediate step is required before the clock starts.
  • Cost: 3 if under $50; 2 if $50.01 to $250; 1 if $250.01 to $500; 0 if more than $500.

Governing statutes

Fees

New York fees
Fee Amount Source
Filing fee
No statutory filing fee for a CPL § 160.59 sealing motion. A separate post-approval verification fee ($5 outside NYC / $10 within NYC) may apply when requesting DCJS verification after a seal order — not a filing fee.
NY State Unified Court System — Sealed Records: After 10 Years (CPL 160.59)
Fingerprint fee $47.50 Reference
Certified copy fee $10.00 Reference
Record request fee $17.50
In-state fingerprint processing fee effective 2026-02-02. $47.50 for out-of-state IdentoGo enrollment. Fee waivers available via RecordReview@dcjs.ny.gov.
NY State Division of Criminal Justice Services (DCJS) — Personal Criminal History Record Review

Step-by-step process

Below are the five phases that take you through the Expeal process in New York if you don't qualify for the automatic process.

If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.

Phase 1: Verifying you Qualify

  1. Step 1: Get Fingerprinted. Visit your local police or sheriff's station and have your fingerprints taken.

    Cost: $47.50

  2. Step 2: Request your Record. Complete and submit your application to request an official copy of your criminal history record from the New York State Division of Criminal Justice Services.

    Cost: $17.50 (In-state fingerprint processing fee effective 2026-02-02. $47.50 for out-of-state IdentoGo enrollment. Fee waivers available via RecordReview@dcjs.ny.gov.)

  3. Step 3: Review your Record. Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.

Phase 2: Collecting your Documents

  1. Step 4: Request Certified Documents. Collect certified copies of relevant documents. These include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed those requirements.

    Cost: $10.00

  2. Step 5: Verify the Final Documents. Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.

Phase 3: Completing the Petition

  1. Step 6: Prepare your Petition. Complete the petition based on the type of charge and outcome you are seeking. Under CPL § 160.59, the petition route imposes timing restrictions: certain misdemeanor records require a three-year waiting period, certain felony convictions require an eight-year waiting period, and some convictions regardless of type require a ten-year waiting period. Confirm the applicable wait for your charge class before filing.

  2. Step 7: Finalize your Petition. Take the completed petition from Step 6, the documents collected in Step 4, and the background check from Step 2, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.

Phase 4: Final Steps

  1. Step 8: File your Expeal Request. File the petition with the court that handled the case.

    Cost: See source (No statutory filing fee for a CPL § 160.59 sealing motion. A separate post-approval verification fee ($5 outside NYC / $10 within NYC) may apply when requesting DCJS verification after a seal order — not a filing fee.)

  2. Step 9: Work with the Court. After the New York court confirms it has received your filing, watch for the next instructions — typically a hearing notice or a request for additional documents. Respond promptly to anything the court asks for, and prepare for the hearing if one is scheduled.

Phase 5: Confirming Your Record is Sealed

  1. Step 10: Receive the Court's Order. Once the judge rules, the court issues a written order either granting or denying your petition. Review the order's terms carefully — they spell out exactly which records are covered by the sealing. Keep a certified copy for your own files.

  2. Step 11: Verify the Record is Sealed. Under CPL § 160.59 — or under CPL § 160.50 or § 160.55 for non-conviction outcomes — the New York State Division of Criminal Justice Services and the original arresting agency update or remove the records covered by the order. If a background-check provider later produces an outdated report, your certified copy of the court's order is your authoritative reference. Confirm with the clerk of court and the arresting agency that their records reflect the order as well.

Common questions

Is this legal advice?

No. Expeal provides plain-language educational content and tools with direct citations to your state's statutes — not legal advice. For advice about your specific situation, consult a licensed attorney.

Why is this free?

The state-by-state guides — statutes, fees, steps, sources — are free for everyone. Expeal's revenue model is the optional DIY+ guided product available in select states, which funds the public-benefit educational content.