As we previously reported, the New York State Clean Slate Act will become effective November 16, 2024.  The new law provides for the automatic sealing of certain criminal history records and new obligations for employers that conduct background checks.

Specifically, for individuals with a misdemeanor conviction, if at least three years have passed since the individual’s release from incarceration (or the imposition of sentence if there was no sentence of incarceration), the records of same will automatically be sealed.  For individuals with a felony conviction, records will automatically be sealed if at least eight years have passed from the date the individual was last released from incarceration, provided (i) the individual does not have a criminal charge pending; and (ii) the individual is not currently under the supervision of any probation or parole department.

Notably, under the Clean Slate Act, employers that conduct background checks will be required to send a copy of the report to the individual and notify the individual of their right to correct any incorrect information. These must be provided with a copy of Article 23-A of the New York Correction Law. Further, this requirement applies regardless of whether the employer is considering taking adverse action against an individual based on the criminal history.

The Clean Slate Act will not seal the records of individuals convicted of sex crimes, murder or other non-drug Class A felonies.  In addition, the law does not cover criminal convictions under federal law or any other state law.

The law also provides for several exceptions where sealed records could still be accessed including:

• Courts and prosecutors involved in a new criminal case;
• Law enforcement officers during the course of an investigation;
• Employers permitted or required by law to perform fingerprint-background checks on job applicants;
• Employers that are legally required to conduct background checks for jobs involving children, the elderly, or other vulnerable populations;
• The hiring of police and peace officers; and
• A licensing officer processing a firearm license application.

In preparation for the new law, employers should review their hiring practices and policies to ensure compliance with same.

Should you have any questions regarding the New York Clean Slate Act, please contact Ali Law Group.

HRtelligence was created by the team at Ali Law Group, LLC.  Should you have any questions or need assistance, please contact Ali Law Group.

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