New York Clean Slate Act Allows Sealing of Certain Criminal Records for Individuals
Why This Story Matters:
On November 16, 2024, the New York Clean Slate Act took effect to allow certain criminal records to be sealed years after an individual is sentenced or released from incarceration if that individual is not subsequently convicted of an additional criminal act. Employers conducting background checks in New York State need to be aware of their responsibilities under this law.
New York Clean Slate Act Signed in November 2023
On November 16, 2023, New York Governor Kathy Hochul signed the Clean Slate Act (A01029) to allow “certain criminal records to be sealed years after an individual is sentenced or released from incarceration if that individual is not subsequently convicted of an additional criminal act,” according to a news release from Governor Hochul’s Office.
According to the New York Clean Slate Act – which was scheduled to take effect one year after being signed by Governor Hochul – following their release from any incarceration, records of individuals with eligible misdemeanor convictions will be sealed after three years, and those with certain felony convictions, after eight years.
However, the Clean Slate Act would not seal the records of individuals convicted of sex crimes, murder, or other non-drug Class A felonies; law enforcement, prosecutors, the New York State Education Department, the courts, and other groups will continue to have access to all criminal records under this law.
“The best crime-fighting tool is a good-paying job. That’s why I support giving New Yorkers a clean slate after they’ve paid their debt to society and gone years without an additional offense,” Governor Hochul stated in the news release about the signing. “This new law will help businesses find more workers who will help them grow, expand, and thrive.”
New York Clean Slate Act Took Effect in November 2024
Again, the New York Clean Slate Act took effect exactly one year from the date of being signed by Governor Hochul – November 16, 2024 – and provides the New York State Office of Court Administration up to three years from that date – November 16, 2027 – to implement the processes necessary to identify and seal all eligible criminal records.
The law will seal certain criminal records following an individual’s release from any incarceration: eligible misdemeanor convictions will be sealed three years after release, and eligible felony convictions will be sealed eight years after release – on the condition that the individual convicted of the offense has not committed an additional crime in the intervening period.
Records will not be sealed until parole or probation is complete and there are no criminal charges in New York State. The clock restarts if parole or probation is revoked or if there is a new conviction. New York became the 12th state in the nation to sign Clean Slate legislation, joining states like Utah, South Dakota, Oklahoma, New Jersey, Michigan, and Pennsylvania.
“The Clean Slate Act will play a critical role in helping New Yorkers find jobs, housing, and opportunities in education. Starting today, individuals who have paid their debt to society, stayed out of the criminal justice system, and are looking for a fresh start will begin to benefit from this landmark legislation,” Governor Hochul said in a statement on the Act taking effect.
New York Clean Slate Act and Background Screening by Employers
Regarding background screening by employers, the New York Clean Slate Act explains that – except as otherwise required by law – “every entity that receives criminal history information for civil purposes shall provide or ensure the provision of a copy of such criminal history information to every individual for whom such information is received.”
Entities providing criminal history information to an individual must also provide “a copy of article twenty-three-A of the correction law, and that such individual be informed of their right to seek correction of any incorrect information contained in such information pursuant to the regulations and procedures established by the division of criminal justice services.”
ClearStar Helps Employers Comply With Background Screening Laws
ClearStar – a global workforce screening company specializing in background checks, drug testing, and occupational health services – is the only screening firm providing a real-time compliance solution. ClearStar’s Assured Compliance® program manages local, state, and federal notice, disclosure, consent, and adverse action requirements for job candidates.
- Real-Time Compliance: One size does not fit all. Disclosures, notices, and consents are presented to candidates in a fully automated solution as required by local, state, and federal (Fair Credit Reporting Act) laws.
- Dynamic Disclosures: Candidates are presented only with relevant disclosures based on where they live and will be working to minimize confusion.
- Adverse Action Management: ClearStar’s robust adverse action management module minimizes compliance challenges for employers and makes navigating complicated requirements a breeze, even in jurisdictions requiring additional steps.
- Updated as Laws Change: Compliance with local, state, and federal laws is a constantly changing landscape that can be challenging. ClearStar publishes a monthly compliance update and adapts our technology in response to regulatory and legislative changes.
- Strong and Clear Audit Trail: A transparent process is important. Candidates can access a copy of their specific notices, disclosures, and the consent they signed. This also creates a reliable audit trail for employers.
- ClearStar is Global: Our technology supports candidates who have lived or worked outside of the United States.
ClearStar’s numerous certifications help ensure the privacy, security, and confidentiality of all consumer data used during the background screening process. ClearStar has provided innovative technology solutions to businesses in the human capital management industry from its corporate offices in Alpharetta, Georgia, since 1995. For more information, contact ClearStar.
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