What Crimes Can Be Expunged in New York? Complete List

Anyone living with a criminal record in New York City’s five boroughs might agree that the debt to society sometimes feels like it’s never fully paid. From background checks for Brooklyn apartments to job applications at Manhattan firms, a past mistake can cast a long shadow. This may lead many to ask, “What crimes can be expunged in New York?” A complete list and guidance from a lawyer can reveal answers that are often more complex than a simple yes or no.

Explore Expungement With Greco Neyland, PC

Recent legislative milestones like the Clean Slate Act have changed how New Yorkers can clear their names. At Greco Neyland, PC, we stay up to date with criminal laws and procedures. We can help clients navigate recent reforms that may apply to their legal backgrounds.

An attorney from our office can be your shield who helps you avoid administrative errors that force your record to stay visible to employers. Instead of waiting years for the “automatic” sealing of your record, we can intervene and petition the court for fair relief.

Understanding Record Relief in New York

The first step toward going after a fresh start is learning the difference between having a record sealed and expunged. A sealed record gets hidden from most public view, while an expunged record is permanently deleted.

However, the eligibility rules are strict, and the timelines are specific. To take advantage of every legal protection available, you should hire an expungement attorney who can audit your RAP sheet and petition the court on your behalf.

In New York, true expungement is technically reserved for specific instances, such as marijuana-related offenses that were decriminalized under the Marijuana Regulation and Taxation Act. For most other crimes, the state uses sealing.

Data reveal that from 1980 to 2021, a little more than 6.6 million criminal cases in New York, impacting roughly 2.2 million people, ended with convictions. The Clean Slate Act allows for the automatic sealing of most criminal convictions once a specific waiting period has passed. This is applicable as long as the individual has not been convicted of any new crimes.

A List of Eligible and Ineligible Crimes

When people ask what crimes can be expunged in New York, they are usually looking for a list of what can be hidden from employers. Under CPL 160.59 and the Clean Slate Act, the categories are crimes eligible for sealing and ineligible crimes.

The list of “safe” crimes that qualify for sealing includes:

• Non-Violent Misdemeanors: like petit larceny, simple drug possession, and most driving offenses
• Non-Violent Felonies: including many Class C, D, and E felonies
• Marijuana Convictions For Activities That Are Now Legal: like possessing up to 3 ounces of cannabis
• Drug Offenses: for certain controlled substance convictions if the individual successfully completes a judicial diversion program

The list of “permanent” crimes that can’t be sealed or expunged, no matter how much time passes, includes:

• Sexually violent offenses and any crime requiring registration on the Sex Offender Registry
• Class A Felonies: such as murder or high-level drug trafficking, although some Class A drug felonies may qualify under specific drug-sealing laws
• Violent Felonies: as defined by Penal Law § 70.02

Why You Should Hire an Expungement Lawyer

The “automatic” nature of the Clean Slate Act is a promise, but in practice, the NYC court system may still experience errors. An expungement attorney can represent your interests and defend you against administrative mistakes that could cost you a job opportunity.

If you don’t want to wait 3 or 8 years for “automatic” relief, you may be able to petition the court under CPL 160.59. This allows someone who has no more than two convictions, where only one of them is a felony, to apply for sealing after 10 years. A lawyer can draft the necessary sworn statement to the judge, highlighting their client’s rehabilitation and why sealing is in the interest of justice.

FAQs

Am I Still a Felon in New York After 10 Years?

Legally, you are still a felon in New York after 10 years. A felony conviction stays on your record forever unless you can get it sealed or expunged. While the Clean Slate Act will eventually seal most felonies after eight years, you are still considered a “convicted felon” for certain purposes. These include firearm possession, or if you’re applying for a job as a police officer.

Does a Misdemeanor Show Up on a Background Check After 7 Years in New York?

Initially, a misdemeanor showed up on a background check after seven years in New York. Unlike some states that followed a “seven-year rule” for reporting, New York law traditionally allowed misdemeanors to show up indefinitely.

However, with the Clean Slate Act, most misdemeanors are now automatically sealed after 3 years. Considering that 77.5% of the criminal cases prosecuted in NYC last year had a misdemeanor as the most serious charge, millions of people currently qualify for this relief.

Can an Employer or Landlord Legally Inquire About a Sealed Conviction in New York?

An employer or landlord cannot legally inquire about a sealed conviction in New York. The Clean Slate Act not only bars private employers and landlords from inquiring, but educational institutions, too. The record is essentially invisible for civilian purposes, making it illegal for them to use it in hiring or housing decisions.

If I Am Convicted of a New Crime, Can a Previously Sealed Record Be Unsealed?

Yes, if you are convicted of a new crime, a previously sealed record can be unsealed. The court has the discretion to unseal the original conviction. This is why staying out of crimes after obtaining relief is a must for getting to keep the benefit of the Clean Slate Act or CPL 160.59.

Take Control of Your Reputation

Living with a criminal record doesn’t have to be a life sentence. The opportunity to clear your name and future path is available. However, the law only works if it’s applied correctly to your specific expungement case.

If you’re tired of explaining a mistake from your youth or a struggle from years ago, take the step to verify your record. Reach out to Greco Neyland, PC, for legal guidance with closing the door on the past.