Currently New York State does not allow for the sealing or expunging of adult misdemeanor and/or felony convictions (other than defendants convicted of a drug offense or a specified offense defined in subdivision five of CPL 410.91, who have completed a judicial diversion program, DTAP program, or another judicially sanctioned drug treatment program of similar duration, requirements and level of supervision, and who are therefore eligible for a conditional sealing of the conviction and up to three prior drug misdemeanor convictions pursuant to CPL 160.58).

The New York State Bar Association in January 2012 approved a proposal to change state law to enable the sealing of more types of criminal records.