New York’s Clean Slate Act Signed Into Law: What Employers Need To Know
NY has passed the Clean Slate Act, effective in 2024, providing economic opportunities, reinforcing safety measures, and sealing criminal records for some individuals.
Five months after the passage of A1029C, New York’s Clean Slate Act, Governor Kathy Hochul signed the legislation, which aims to streamline the expungement process for eligible individuals with criminal records, opening doors for them to rebuild their lives and reintegrate into society. The Clean Slate Act, effective November 16, 2024, one year from the signing date, is set to offer significant economic opportunities for New Yorkers while reinforcing public safety measures. This legislation automatically seals certain criminal records for individuals who remain crime-free after their sentence or incarceration period.
Under this Act, individuals with eligible misdemeanor convictions will have their records automatically sealed three years after release, while those with certain felony convictions will have their records sealed eight years after release, provided they have no subsequent criminal charges. The Act excludes convictions for sex crimes, murder, and other serious offenses. Under the Clean Slate Act, the New York State Human Rights Law explicitly prohibits employers from inquiring about sealed records or using sealed conviction records as a basis for discrimination against job applicants or employees.
Specific scenarios outlined in the Clean Slate Act offer exceptions to this general prohibition. The Act allows access to or the release of sealed records to limited entities and under specific circumstances. These include courts and prosecutors during new criminal cases, law enforcement officers within the scope of an investigation, entities mandated by state or federal law to conduct fingerprint-based background checks, and licensing officers processing firearm license applications.
Governor Hochul emphasized the significance of the legislation in fostering economic growth while supporting public safety initiatives. She stated, “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.” Lieutenant Governor Antonio Delgado echoed this sentiment, calling the Clean Slate Act a “historic step forward with regard to restorative justice and second chances” for countless New Yorkers.
The Act also highlights the importance of reducing barriers faced by individuals with criminal records, particularly for communities of color disproportionately impacted by the criminal justice system. Studies indicate that New York’s lack of expungement provisions has led to substantial economic losses annually due to reduced earning potential for those with unsealed records.
Governor Hochul’s administration has actively pursued public safety initiatives and allocated increased funding to enhance community safety while supporting re-entry programs aimed at reducing recidivism rates. Additionally, this legislation aligns with prior efforts in New York to eliminate barriers for individuals with criminal records, reinstating voting rights for those on parole, removing occupational license bans, and implementing fair-chance hiring policies.
The Clean Slate Act positions New York among the 12 states that have embraced similar expungement legislation, following positive outcomes observed in states like Michigan, where individuals with expunged records exhibited lower crime risks than the general population.
The recent passage and signing of New York’s Clean Slate Act represents a shift for employers and their approach to background screening policies. This legislation marks a significant change in the accessibility of certain criminal records, impacting how employers navigate background checks for potential hires. Once eligible offenses are automatically sealed, they are removed from public court indexes and generally unavailable to most employers.
As a result, the Clean Slate Act not only impacts how employers conduct background checks but also signals a shift towards fostering opportunities for individuals with criminal records seeking to reintegrate into the workforce. Simultaneously, it safeguards against discriminatory practices based on sealed conviction records, emphasizing the importance of fair evaluation in the hiring process.
Release Date: November 28, 2023
Alonzo Martinez
Alonzo Martinez is Associate General Counsel at HireRight, where he supports the company’s compliance, legal research, and thought leadership initiatives in the background screening industry. As a senior contributor at Forbes, Alonzo writes on employment legislation, criminal history reform, pay equity, AI discrimination laws, and the impact of legalized cannabis on employers. Recognized as an industry influencer, he shares insights through his weekly video updates, media appearances, podcasts, and HireRight's compliance webinar series. Alonzo's commitment to advancing industry knowledge ensures HireRight remains at the forefront of creating actionable compliance content.