Is an old conviction in New York in the way of a job? Learn your wait.
New York Sealing: Waits, DUI Rule, Exclusions
New York in short
New York on a DUI conviction: not excluded (CPL 160.59 covers any crime other than the listed categories, and DWI is not among them). (nysenate.gov) New York offers sealing by application; automatic sealing (Clean Slate). (nysenate.gov) New York's misdemeanor wait: 3 years (automatic, from release or sentencing); 10 years (application). (nysenate.gov) New York's felony wait: 8 years (automatic, from release); 10 years (application; one felony at most). (nysenate.gov) New York passed a Clean Slate law in 2023 (Clean Slate Initiative list). (cleanslateinitiative.org)
Checked October 14, 2026
Learn New York's waits below, then check your conviction, your dates and any later conviction in the free eligibility check, already set to New York.
Check your eligibilityNew York rules at a glance
| Rule | New York | Source |
|---|---|---|
| Relief available | Sealing by application; automatic sealing (Clean Slate) | nysenate.gov |
| Clean Slate law | Yes (2023) (secondary source) | cleanslateinitiative.org |
| Misdemeanor wait (years) | 3 (automatic, from release or sentencing); 10 (application) | nysenate.gov |
| Felony wait (years) | 8 (automatic, from release); 10 (application; one felony at most) | nysenate.gov |
| DUI conviction | Not excluded (CPL 160.59 covers any crime other than the listed categories, and DWI is not among them) | nysenate.gov |
| Statute | N.Y. CPL 160.57, 160.59 | nysenate.gov |
| Offenses excluded | Application: sex offenses (Penal Law art. 130) and registrable offenses, art. 263 offenses, felony homicide (art. 125), violent felonies, class A felonies, some conspiracies and attempts; automatic: sex offenses and class A felonies other than art. 220 | nysenate.gov |
Checked October 14, 2026. Next review due April 14, 2027. Not recorded for New York: filing fee.
New York in detail
New York's relief for a conviction: sealing by application; automatic sealing (Clean Slate), under N.Y. CPL 160.57, 160.59. (nysenate.gov) New York's misdemeanor wait: 3 years (automatic, from release or sentencing); 10 years (application). (nysenate.gov) New York's felony wait: 8 years (automatic, from release); 10 years (application; one felony at most). (nysenate.gov) New York on a DUI conviction: not excluded (CPL 160.59 covers any crime other than the listed categories, and DWI is not among them). (nysenate.gov) New York's statute excludes application: sex offenses (Penal Law art. 130) and registrable offenses, art. 263 offenses, felony homicide (art. 125), violent felonies, class A felonies, some conspiracies and attempts; automatic: sex offenses and class A felonies other than art. 220. (nysenate.gov)
Waits in New York, in order
- Misdemeanor wait. 3 years (automatic, from release or sentencing); 10 years (application). (nysenate.gov)
- Felony wait. 8 years (automatic, from release); 10 years (application; one felony at most). (nysenate.gov)
- Automatic or by petition. New York: some records clear without a petition (2023 law). (cleanslateinitiative.org)
Official sources for New York
Questions about New York
Can New York expunge or seal a conviction?
New York offers sealing by application; automatic sealing (Clean Slate) (N.Y. CPL 160.57, 160.59). (nysenate.gov)
Can a DUI be cleared in New York?
Not excluded (CPL 160.59 covers any crime other than the listed categories, and DWI is not among them). (nysenate.gov)
What is New York's misdemeanor wait?
3 years (automatic, from release or sentencing); 10 years (application). (nysenate.gov)
What is New York's felony wait?
8 years (automatic, from release); 10 years (application; one felony at most). (nysenate.gov)
Which offenses does New York exclude?
Application: sex offenses (Penal Law art. 130) and registrable offenses, art. 263 offenses, felony homicide (art. 125), violent felonies, class A felonies, some conspiracies and attempts; automatic: sex offenses and class A felonies other than art. 220. (nysenate.gov)
How this page is built
Each rule is one cell of the 51-row expungement dataset behind the national chart, with its source. Unrecorded cells and cells from a 2021 summary chart are left out. Waits are in years. General information, not legal advice.