Seal Criminal Records
Understand How to Seal Criminal Records in Long Island, NY
Schalk, Ciaccio, & Kahn helps clients seal criminal records in Long Island, NY and Nassau County in accordance with New York’s Clean Slate Act. This legislation aims to provide individuals with a fresh start by automatically sealing certain eligible convictions. Signed into law in 2023, this impactful legislation reflects New York’s commitment to reducing barriers faced by individuals with past convictions. Effective November 16, 2024, the Clean Slate Act is a game-changer for those striving to move forward in their lives. While the changed rules seek to automate the process, it’s essential you know the status of your past convictions and how to seal criminal records if yours haven’t been handled appropriately.
What is the Clean Slate Act?
The Clean Slate Act automatically seals eligible criminal convictions to remove records from civil background checks. This law is designed to help individuals overcome the stigma of past convictions, opening doors to better employment, housing, and educational opportunities. By doing so, the Act fosters rehabilitation while protecting public safety. Automatic sealing will only apply after specific waiting periods have passed since sentencing or release from incarceration, provided certain eligibility criteria are met.
Why Sealing Criminal Records Matters
Having a criminal record can create significant obstacles to personal and professional progress. Sealing records under the Clean Slate Act helps individuals:
- Access More Opportunities – Eliminate barriers to jobs, housing, and education.
- Maintain Privacy – Protect sensitive information from appearing in routine background checks (though records remain accessible to law enforcement when necessary).
- Focus on the Future – Move forward without being defined by past mistakes.
Automatic Sealing Process
Eligible convictions will be automatically sealed for civil purposes by the Unified Court System no later than November 16, 2027. This means you don’t need to take any action if your records meet the eligibility requirements. Here’s how it works:
- For misdemeanors, records are eligible for sealing three years after sentencing or three years after release from incarceration—whichever comes later.
- For felonies, records are eligible for sealing eight years after sentencing or eight years after release from incarceration—whichever comes later.
To qualify, individuals must not:
- Be on probation, parole, or post-release supervision
- Have any pending misdemeanor or felony charges
- Have new convictions during the waiting period (which would reset the timeline)
What Cannot Be Sealed?
If your record includes ineligible offenses alongside eligible ones, only the eligible convictions will be sealed. Some convictions that are ineligible under the Clean Slate Act include:
- Class A felonies (except certain drug offenses)
- Sex offenses
- Violent felonies, such as murder
Manual Review Process
There may be cases where eligible convictions are not automatically sealed by the set deadline. If you believe your conviction qualifies but remains unsealed, you can work with lawyers that seal criminal records to request a manual review. A standardized review request form will be made available on the Unified Court System’s website no later than November 16, 2027. Using this form, you can ensure the sealing process is completed correctly.
Frequently Asked Questions
Eligible convictions include most misdemeanors and felonies, provided you’ve met the waiting period (three years for misdemeanors, eight for felonies) and satisfy all other criteria for sealing (e.g., no recent convictions, no pending charges).
The Unified Court System must complete automatic sealing processes no later than November 16, 2027.
If you’re convicted of a new misdemeanor or felony before your eligible record is sealed, the waiting period restarts from the sentencing date or release for the newest conviction.
The sealing timeframe starts once you’re released from incarceration. If you’re serving time for a new conviction, eligible older records will not be sealed until you meet the waiting period’s conditions.
You can find the text of the Clean Slate Act and its provisions by visiting Clean Slate Act.
We Help Ensure Your Records Are Sealed
A frequent question we get at Schalk, Ciaccio, & Kahn from clients in Long Island, NY and Nassau County is, can you seal criminal records? The new Clean Slate Act Legislation is designed to automate this process and remove the burden from those who have served their time. However, understanding how it applies to your convictions can be complex. If you need guidance or have concerns about whether your records are being correctly sealed, our experienced team at Schalk, Ciaccio & Kahn P.C. is here to help. Contact us today to discuss your situation.