New York has enacted legislation (Assembly Bill A1029C: The Clean Slate Act), which will automatically seal certain criminal records and require employers to review hiring processes related to an applicant’s criminal history. The Clean Slate Act, or “the Act,” takes effect on Nov. 16, 2024.
The details
The Act will require certain conviction records to be sealed from public access once an individual satisfies their sentence and remains a law-abiding citizen for a defined time.
The Act does not:
- Change an employer’s obligation to conduct a job-related analysis before taking adverse action on the basis of a criminal conviction as required by New York’s Article 23-A. As a reminder, factors to consider in a job-related analysis include assessing the following:
- Modify an employer’s obligation under:
- Change access (allowed under the law) for information on out-of-state or federal convictions through public records; or
- Affect or invalidate an active order of protection.
Convictions Covered Under the Law
An individual will receive a clean slate (the automatic sealing of a criminal record), when the following occurs:
- For a misdemeanor conviction, at least three years have passed since the:
- For a felony conviction, at least eight years have passed from the date the individual was last released from incarceration, provided that the individual:
See the text of the law for further details.
Convictions Not Covered Under the Law
Class A felonies for which a maximum sentence of life imprisonment may be imposed, such as murder and domestic terror and convictions that require an individual to register as a sex offender, are not eligible to be sealed under the Act.
Criminal Record Access Allowed Under the Law
Records that are otherwise sealed may still be accessed by an entity that is:
- Required under state or federal law to conduct a fingerprint-based background check; or
- Authorized to conduct a fingerprint-based background check where a job applicant would work with children, the elderly or vulnerable adults (such as public school teachers and police officers).
See the text of the law for further details.
The Record Sealing Process
The state Office of Court Administration has up to three years to implement processes to identify and seal eligible conviction records.
Once an individual’s record is sealed, unless allowed under a state, local or federal law:
- An employer would typically not be permitted to inquire about the conviction; and
- An individual would not be required to reveal it in response to a criminal inquiry.
Next steps
Prior to Nov. 16, 2024:
- Review hiring and employment policies and practices.
- Refer to legal counsel for questions on the Act and its interplay with other laws.
Have questions?
Please contact your ADP Service Representative with any questions.