A conviction from years ago should not decide what the rest of your life looks like. New York now provides two real paths to clearing a record: petition based sealing under CPL 160.59 and automatic sealing under the Clean Slate Act. Here is how each works, who qualifies, and what actually persuades a Brooklyn judge to grant a petition.
Who Qualifies Under CPL 160.59
- The 10 year rule. At least 10 years must have passed since your sentencing or your release from incarceration, whichever is later, and you must have no new convictions and no pending charges.
- The two conviction cap. You may seal up to two convictions, and only one may be a felony.
- Excluded offenses. Sex offenses, most violent felonies, Class A felonies, and certain other categories cannot be sealed by petition.
Clean Slate: The Automatic Path
Under New York's Clean Slate Act, eligible misdemeanors seal automatically 3 years after sentencing and eligible felonies after 8 years, provided you stay conviction free with no pending case. No petition is required. But automatic does not mean flawless: records data contains errors, and we verify that qualifying cases actually show as sealed and fix them when they do not. If you qualify for Clean Slate, verification may be all you need. If you do not, or you cannot wait, the 160.59 petition is the tool.
What Sealing Actually Does
A sealed case disappears from standard background checks, and New York law bars most employers from asking about sealed cases at all. Housing applications, promotions, and most professional licensing look clean. Law enforcement, gun licensing, and a few specific agencies retain limited access. New York calls this sealing rather than expungement, but for jobs and housing the effect is what people mean by expungement. One true exception: most old marijuana convictions were actually expunged under the MRTA, automatically.
How the Petition Works in Brooklyn
- Step 1: the record audit. We pull your full criminal history and map every disposition against the eligibility rules before filing anything. Surprises in the rap sheet sink petitions.
- Step 2: the petition itself. Sealing under 160.59 is discretionary. Judges weigh the time elapsed, the seriousness of the offense, and your rehabilitation. The petition we file reads like a case for who you are now: employment history, education, family, community involvement, and letters that show a life the conviction no longer describes.
- Step 3: the DA's response. The petition is filed in the court where the conviction happened, for Brooklyn cases at 120 Schermerhorn Street or 320 Jay Street, and the Kings County DA has 45 days to oppose. Amel Spahija worked in that office. He knows what draws opposition and builds petitions that preempt it.
- Step 4: decision or hearing. Some petitions are granted on the papers. Others get a hearing. Well prepared petitions typically resolve within a few months.
Why This Is Worth Doing Now
Every job application, apartment application, and license renewal that happens before your record is sealed is an opportunity the old case takes from you. If the conviction came from a case like drug possession a decade ago, the odds are good that sealing is available. The full eligibility breakdown is on our Brooklyn record sealing page. Call 646-453-4001 for a free eligibility review. It takes one conversation to find out whether the record that has been following you can finally be closed.
Frequently Asked Questions
Does New York have expungement?
For convictions New York uses sealing, which removes the case from public view and standard background checks. Marijuana convictions are the exception: most were actually expunged automatically under the MRTA.
How long does record sealing take in Brooklyn?
Well prepared CPL 160.59 petitions typically resolve within 2 to 6 months, depending on the court and whether the DA opposes. Clean Slate sealing is automatic but should be verified.
Can employers see a sealed conviction?
Standard background checks do not show sealed cases, and New York law bars most employers from asking about them. Law enforcement and gun licensing retain limited access.
What if I have more than two convictions?
You may still qualify under the Clean Slate Act if each conviction is eligible and the waiting periods have run, since Clean Slate has no two conviction cap. An eligibility review maps your exact options.
Founder of Spahija Law and a former Assistant District Attorney in Brooklyn and Staten Island. Recognized by Super Lawyers Rising Stars 2026. Read Amel's full background or call 646-453-4001.