The New York Clean Slate Act (S7551A / A1029C) was signed into law on November 16, 2023, and will take effect on November 16, 2024. The Act automatically seals certain criminal records in the state of New York (NY) after a period of time, making them unavailable to most employers.
Under the law, adverse action cannot be taken against applicants and employees who fail to disclose sealed records and employers will be prohibited from inquiring about and considering sealed records in employment decisions except where “relevant and necessary.” Purposes that may be considered “relevant and necessary” include but are not limited to determining suitability for licensing, employment, and similar activities where federal or state law requires a criminal background check be performed before granting licenses to or employing individuals in certain jobs, such as employment with children, elderly populations, or other vulnerable populations, as well as where federal or state law authorizes a criminal background check to be performed before the same type of employment or similar activity.
Next Steps
Employers may need to update their recruiting and hiring practices to comply with the Act, including training recruiters and hiring managers on these provisions. As a reminder, employers who obtain a criminal history record must provide the individual with a copy of the criminal history information along with a copy of 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. In addition, employers may also have notice requirement obligations under the federal Fair Credit Report Act (FRCA).
