New York’s Clean Slate Act: What You Need to Know

New York recently enacted the Clean Slate Act, a law designed to limit public access to certain criminal convictions after a period of time. While the law creates meaningful opportunities for individuals to move forward, it is important to understand exactly what it does—and what it does not do.

This is not an expungement statute. It does not erase a conviction.

What the Clean Slate Act Does

The Clean Slate Act allows for the automatic sealing of certain convictions after a waiting period, provided a person remains law-abiding.

• Misdemeanors may be sealed after 3 years
• Certain non-violent felonies may be sealed after 8 years

The waiting period runs from the later of sentencing or release from incarceration.

To qualify, an individual must:

• Have no new criminal convictions during the waiting period
• Have no pending criminal charges
• Not be under probation, parole, or post-release supervision

Once sealed, the conviction will generally not appear on background checks used by employers or landlords.

What Sealing Actually Means

Sealing limits public access to a conviction.

It does not:

• Vacate the conviction
• Dismiss the case
• Remove the conviction from your record

The conviction still exists and remains accessible to law enforcement, prosecutors, and the courts.

Important Limitations

Not all cases qualify for sealing. Certain offenses—including more serious crimes and sex offenses—are excluded.

Additionally, sealed records may still be accessed by:

• Courts
• Prosecutors
• Law enforcement agencies
• Certain licensing authorities

This distinction is critical. The law is designed to improve employment and housing opportunities—not to eliminate the legal consequences of a conviction.

Can a Sealed Conviction Be Used Against You Later?

Yes.

A sealed conviction can still be used in future criminal proceedings.

This includes:

• Establishing predicate felony status
• Supporting persistent offender enhancements
• Elevating future charges based on prior convictions

In other words, while the public may not see the conviction, the criminal justice system still can—and will.

Why This Matters

Many people hear “Clean Slate” and assume their record is wiped clean. That is not the case.

The law provides real benefits in everyday life, particularly when it comes to employment and housing. However, it does not protect against enhanced penalties if a person is charged with a new offense in the future.

Understanding this distinction is essential when evaluating risk, plea decisions, or long-term legal strategy.

Final Thoughts

The Clean Slate Act is a positive development and will help many individuals move forward. But it is not a substitute for other forms of relief, such as vacating a conviction or pursuing post-conviction remedies.

If you have questions about whether your record may be sealed—or how a prior conviction could affect a current case—our office can provide guidance based on your specific situation.

Contact Riotto Law

If you need assistance with record sealing or are facing new charges, contact our office to discuss your options.