On November 16, 2024, the transformative New York Clean Slate Law took effect. This legislation introduces automatic sealing of specific criminal convictions after predetermined time periods. Additionally, the Act imposes new requirements on employers regarding the disclosure and use of criminal history information during hiring and employment decisions.
Key Provisions of the Clean Slate Law
The Act grants the New York State Unified Court System a maximum of three years from the effective date—until November 16, 2027—to seal all eligible convictions. After this point, eligible convictions will be automatically sealed as they reach their respective time thresholds. Once sealed, these records will no longer be accessible to most employers conducting background checks for hiring or employment purposes.
Furthermore, the Act amends the New York State Human Rights Law, making it unlawful for employers to inquire about or act upon sealed convictions of job applicants or employees. There are, however, exceptions outlined within the law for specific circumstances.
Eligibility Criteria for Sealing
The Clean Slate Act applies to most misdemeanors and felony convictions, but it explicitly excludes certain offenses from eligibility. Convictions that cannot be sealed under the Act include:
- Sex offenses
- Sexually violent offenses
- Non-drug-related Class A felonies, such as murder
Waiting Periods for Automatic Sealing
The timeframes for sealing convictions depend on the type of offense and the individual’s circumstances:
- Misdemeanors: These convictions become eligible for sealing three years after sentencing if no incarceration was ordered. If incarceration was imposed, the waiting period is three years from the individual’s release date.
- Felonies: These convictions are eligible for sealing eight years after sentencing if no incarceration was ordered. If incarceration was imposed, the waiting period extends to eight years from the individual’s release date.
To qualify for sealing, individuals must meet additional conditions:
- They cannot be on parole, probation, or post-release supervision.
- If a person is convicted of a new misdemeanor or felony during the waiting period, the clock resets to reflect the date of the latest conviction. The original conviction will only be sealed after the waiting period for the most recent conviction is completed.
Employer Guidance
Employers are now tasked with adapting their hiring and employment policies to comply with the new regulations, fostering a more inclusive and equitable workplace environment.
This includes reviewing current practices to ensure compliance, updating job applications, and training HR personnel and hiring managers on the new legal requirements. Additionally, employers should establish clear internal policies for handling criminal history information to ensure adherence to the law.
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At Global Investigative Services, we are your trusted ally in background screening, committed to delivering precise, timely, and comprehensive information to empower your decision-making. If you have questions or need help with background check practices, please contact us.
