New York state’s Clean Slate Act (S7551A/A1029C) is now in effect, and it means that employers will not have access to certain job applicants’ or employees’ sealed criminal record histories when conducting background checks.

Signed by New York Gov. Kathy Hochul earlier this year and effective Nov. 16, 2024, the Clean Slate Act allows individuals to have their conviction records automatically sealed three years from sentencing for misdemeanors and eight years from sentencing for felonies, not including time incarcerated, according to cleanslateny.org.

The timeframes are calibrated with the intention to allow people with conviction records to move forward with their lives and access jobs, housing, and higher education, according to cleanslateny.org. To be eligible for automatic sealing relief, individuals must have completed probation, parole or post-release supervision, and cannot have incurred any new convictions during the three- or eight-year waiting period.

Sex offenses and non-drug Class A felonies are not eligible for sealing. In addition, some convictions, such as sex crimes and Class A felonies that are not drug-related, including murder, are not eligible to be sealed under the Clean Slate Act.

According to newyorkcourts.gov, the state’s Unified Court System has until Nov. 16, 2027 to seal eligible convictions. Job applicants and employees can visit the NYS Division of Criminal Justic’s website to learn how to request their criminal history.

For Employers

Under the Clean Slate Act employers are not allowed to inquire about sealed records or discriminate against applicants or employees based upon sealed records. However, employers will be protected from certain claims against negligent hiring and plaintiffs are not allowed to introduce sealed convictions as evidence of negligence.

While employers previously were required to provide a copy of Article 23-A of the New York Correction Law regarding background checks, a copy of the criminal history information they receive must now be provided to both applicants and employees. They also must notify applicants and employees that they may seek to correct any incorrect information.

Further, employers previously only needed to disclose receipt of criminal history information if they planned to take adverse action. However, under the Clean Slate Act, employers must provide notice regardless of whether they plan to take action in response to the candidate’s or employee’s criminal history information.

Employers should review their hiring practices and policies concerning criminal background checks and the use of conviction records for job candidates and current employees, and consult with a qualified employment attorney before taking any employment action based on a job candidate’s or employee’s criminal history.

For employers protecting their interests or employees looking to safeguard their rights, professional legal advice offers peace of mind and legal certainty. Our knowledgeable employment attorneys can assist with making your contracts clear, comprehensive, and enforceable. Call 8885294543 or contact us online today for a consultation to discuss your employment agreement needs and secure a healthy employment relationship.

Allen A. Shoikhetbrod, Esq. is the Managing Partner of Tully Rinckey PLLC’s Albany office, where he assists in the day-to-day operations of the firm, as well as provides input on the firm’s long-term strategic vision.  Allen is also the Practice Chair of the New York State Labor and Employment Practice, as well as a Team Leader for the Federal Employment Practice.