How it works in New York
These steps cover the court-petition process — the path that applies if you don't qualify for the automatic process.
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Get Fingerprinted
Visit your local police or sheriff's station and have your fingerprints taken.
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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.
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.
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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.
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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.
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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.
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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.
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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.
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File your Expeal Request
File the petition with the court that handled the case.
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.
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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.
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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.
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Verify the Record is Sealed
Under CPL § 160.59 — or under CPL § 160.50 or CPL § 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.
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.
Official agencies
- New York Courts' page on sealed criminal records
- New York Courts' page on expunged marijuana records
- New York Attorney General's page on sealing criminal records
- New York Division of Criminal Justice Services' page on the Clean Slate Act
Court forms
- New York Division of Criminal Justice Services' Personal Criminal History Record Review application
- New York Courts' Certificate of Disposition request form
- New York Courts' Sealed Records — After 10 Years (CPL 160.59) procedural help page
- New York Courts' forms to expunge certain marijuana convictions
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