The New York Clean Slate Act took effect on November 16, 2024. The goal of the Clean Slate Act is to “curb discrimination” of formerly incarcerated individuals and minimize barriers to employment for those individuals “by sealing from public access the conviction records of individuals for certain state convictions.” This sealing would occur after an individual has “satisfied their sentence and the required period of time has passed,” so long as that individual has “remained a law-abiding citizen.” Specifically, under the Clean Slate Act, New Yorkers are eligible to have their state conviction records automatically sealed as follows:

• Misdemeanor offenses are sealed three (3) years from the individual’s release from prison, parole, or probation, or from the imposition of sentence if there was no incarceration, parole, or probation; and
• Felony offenses are sealed eight (8) years after release from prison, parole, or probation, or from the imposition of sentence if there was no incarceration, parole, or probation.

However, not all state offenses are eligible for automatic sealing from the Clean Slate Act, including:

• Class A felonies. These include the most serious criminal offenses, including murder, treason, arson, terrorism, and kidnapping.  However, certain Class A drug convictions may be exempt;
• Sexually Violent Offenses; and
• Sex Crimes

The Act provides that the New York State Unified Court System has three (3) years (until November 27, 2027) to seal all existing, eligible convictions. After that point, such convictions will no longer be accessible and, going forward, all eligible convictions will be automatically sealed as set forth above. Once sealed, the conviction will become unavailable to most employers that conduct background checks during the hiring process. 

The Act does not apply to employers that are required by law to conduct fingerprint-based background checks, such as employers in childcare, eldercare, and disability care.

Regarding disclosure requirements, if an employer obtains criminal history information from a background check, they are now required to send a copy of the information to the applicant or employee and inform them of their right to “seek correction of any incorrect information.”  Employers should be on the lookout: notification of the employee of the background check is a new legal obligation that has been placed on employers and should not be ignored.   

New York is one of twelve US states to pass a clean slate law.

For inquiries about this or other legal matters, please contact PTGB Law at 201-569-5959.