The New York Clean Slate Act will take effect on November 16, 2024. This law is designed to promote second chance hiring and reduce recidivism by automatically sealing certain criminal records, making them unavailable to most employers who obtain a criminal background check. However, convictions in other states or federal convictions will not be sealed under the Act.
What Records Will Be Sealed?
The Act will seal certain misdemeanor and felony convictions after specific time periods:
- Misdemeanors: After three years from the individual’s release from incarceration or the imposition of sentence.
- Felonies: After eight years from the individual’s release from incarceration, provided there are no pending charges or current probation or parole.
Convictions that are not eligible for sealing under the Act include Class A felonies (i.e., murder and kidnapping).
Employer Implications
Employers will be prohibited from inquiring about or considering sealed criminal records in employment decisions unless they are “relevant and necessary.” Such instances may include:
- Licensing requirements for specific professions
- Employment in certain industries (e.g., childcare, healthcare, eldercare)
- Positions requiring federal or state security clearances
Employer Responsibilities
The law requires employers who obtain a criminal history record to provide the individual with a copy of the criminal history information. In addition, employers with 10 or more employees must also provide Article 23-A of the Correction Law, and the individual must be informed of their right to seek correction of any incorrect information contained in the report. Further, employers who have obtained background information from a third-party consumer reporting agency may also have notice requirement obligations under the federal Fair Credit Report Act (FRCA).
Next Steps
To ensure compliance with the Clean Slate Act, employers should:
- Review and Update Hiring Practices: Update hiring policies and procedures to reflect the new law. Consider any applicable industry requirements.
- Train HR Personnel: Train HR staff on the Act’s requirements and how to handle sealed records.
- Provide Required Notices: Provide individuals with copies of their criminal history reports and inform them of their rights under Article 23-A of the Correction Law.
- Comply with FCRA: If using third-party background checks, ensure compliance with the Fair Credit Reporting Act.
By understanding and implementing the provisions of the Clean Slate Act, employers can promote fair hiring practices and contribute to a more equitable workforce.
