Understanding New York's Clean Slate Act
Adapting Background Screening for a Changing Legal Landscape
On November 16th, 2024, New York State began implementing the Clean Slate Act (160.57) to seal certain criminal records, aiming to reduce barriers to employment, housing, and education. For businesses, it’s essential to understand how this impacts background screening processes and compliance.
What is the Clean Slate Act?
The Clean Slate Act automatically seals eligible criminal records after a specific period of time, with exceptions.
Do I need to do anything as an end-user or employer?
Sealed records do not appear on standard background reports, thus no additional action is required for records that have been sealed. End users must still provide candidate’s in New York a copy of Corrections Law 23-A. This is a standard consent form (along with the ‘Summary of your rights under the FCRA’) provided by our QuickApp background check process.
If you are an employer who has access to sealed criminal records through a fingerprint based background check; you have a duty to not disclose those records to unnecessary parties and if breached, an employee may bring legal action against you. An employer has a duty of care to a person who has had a conviction sealed.
How long will it take to implement Clean Slate?
The NYS OCA has until November 16th, 2027 to seal all eligible records.
When does the 'clock' start ticking for sealing?
The clock starts ticking after all activity for the case has been completed ie after prison sentence has been served, parole, community service, etc. Please contact an employment attorney if you have specifics.
Note: if someone has a felony charge from another state for reproductive or gender affirming care or the possession of cannabis, that would not start the ‘clock’ ticking in New York as those actions are not considered a crime in New York State.
Does this affect out of state records?
No. Clean Slate will not seal Federal criminal records or records outside of New York State.
What records are eligible for sealing?
For misdemeanor convictions, a person’s dockets are eligible to be sealed three years after sentencing or three years after release from incarceration, whichever is later
For felony convictions, a person’s dockets are eligible to be sealed eight years after sentencing or eight years after release from incarceration, whichever is later.
To have dockets sealed, the person must not be on probation, post release supervision, or parole. The person also must not have any pending criminal cases (i.e., misdemeanors or felonies).
If someone is convicted of another misdemeanor or felony before the original docket is sealed, the waiting period starts over. The waiting period is three years for misdemeanors and eight years for felonies, as explained above.
With the exception of drug offenses, most Class A felony convictions, including murder and sex offenses, will not be sealed. These convictions are not eligible for Clean Slate sealing.
Source: New York State Courts
What are the benefits of Clean Slate?
Research from the Chamber of Commerce indicates that eliminating employment discrimination based on criminal records nationwide could boost the U.S. gross domestic product by $78 million.
Benefits for Employers:
- Access a wider pool of qualified candidates by removing outdated barriers.
- Promote fairness and inclusivity through equitable hiring practices.
- Contribute to financial stability and opportunities for underserved populations.
- Help individuals reintegrate into society and rebuild their lives.
- Support employees in achieving housing security and overall stability.
If someone has a felony charge from other state for reproductive or gender affirming care or the possession of cannabis, that would not start the ‘clock’ ticking in New York as those actions are not considered a crime in New York State.
What is the difference between Clean Slate and Ban the Box?
Ban the Box laws aim to reduce employment discrimination by removing questions about criminal history from job applications. Clean Slate actually seals the criminal records from public view, thus eliminating the stigma entirely.
Are there any professions that are exempt from Clean Slate?
Fingerprint-based background checks (commonly required for daycares, educational settings, and similar roles) will remain unaffected. The Clean Slate law continues to allow access to otherwise sealed records for essential and relevant purposes, including employment involving children, elderly individuals, or vulnerable populations.
I'm an applicant with a record that should be sealed, what can I do?
The New York Office of Court Administration will be providing a form for individuals to review their cases to see if they will be sealed or not. We would recommend speaking to an employment attorney if you are unsure about the status of your case. For more info on applicant resources or to request a copy of your report, click here
You may also contact the Division of Criminal Justice Services to request a copy of your records. There is no fee to seal your records but there may be a fee to obtain copies of your records.
Got Clean Slate Questions?
Do you still have questions on Clean Slate? Do you need a review of your background check process? Do you need compliant court research in New York? Contact us to set up a meeting to go over Clean Slate and its implications for your organization.