New York’s Clean Slate Act

On November 16, 2023, Governor Kathy Hochul signed the New York Clean Slate Act. This landmark legislation will automatically seal certain criminal records for eligible individuals in the State of New York. The law aims to reduce the barriers and stigma faced by people with criminal histories and to promote their reintegration into society and the workforce.

This law is similar to other clean slate laws enacted that we have covered in previous Industry News articles earlier this year, such as Connecticut and Michigan.

What is the New York Clean Slate Act?

The New York Clean Slate Act (A1029C) is an initiative to curb discrimination by removing visible access to conviction records after qualifying individuals have satisfied their sentence and the applicable waiting period has passed. Under the Clean Slate Act, the waiting period begins on the later of: the sentencing date or, if the person was incarcerated, the date the person was released. Records of eligible convictions will be:

• Sealed after three years for misdemeanors
• Sealed after eight years for certain felony convictions
• No longer visible to most employers, landlords, and other entities that conduct background checks.

The law contains exceptions, however, that make sealed convictions accessible under certain circumstances. For example, sealed convictions may be accessible if state and federal laws require criminal background checks for:

• Certain licenses
• Certain employment with responsibility for the safety and well-being of children, elderly individuals, individuals with disabilities, and other vulnerable populations

However, this does not apply to sex offenses or Class A felonies, which are not eligible for sealing. Additionally, law enforcement agencies, courts, and prosecutors will still have access to sealed records for criminal justice purposes.

What HR professionals may want to know

The Clean Slate Act may have significant implications for New York employers and those who hire or work with New York residents:

• The law will go into effect November 16, 2024: The New York State Office of Court Administration has up to three years to implement the processes necessary to identify and seal all eligible records. Some records may not be sealed immediately after the law takes effect.
• The law limits employer action in most scenarios: In most cases, the act restricts employers from asking about, considering, or taking adverse action based on sealed convictions unless otherwise required or permitted by law.
• Additional rights for individuals with qualifying records: The law permits a private right of action by individuals with qualifying sealed records under the New York Clean Slate Act. These rights allow qualifying individuals to collect damages against a person who unlawfully discloses sealed convictions. Employers who violate the law could face legal consequences, including civil penalties and lawsuits.

To read more about the New York Clean Slate Act, take a closer look here.

The impact on background screening and industry trends

New York State Office of Court Administration has up to three years to implement the necessary processes to identify and seal all eligible records. As time passes, more records may become eligible for expungement, likely causing temporary delays in background check results.

Although the New York Clean Slate Act applies directly to employers in the State of New York, out-of-state employers seeking records from candidates who currently or previously lived in New York may also be affected. Additionally, this law reflects a growing trend as more states and cities adopt similar laws or policies to seal or expunge criminal records, ban the box, or limit the use of criminal history information in employment decisions. Employers may want to monitor the evolving employment landscape and consult their legal counsel or attorney to determine how this new law may apply.