The New York Clean Slate Act (NYCSA) took effect on November 16, 2024. First, this law provides for the automatic sealing of certain offenses after a specific time. It also requires employers to provide greater disclosure of what criminal offenses influence their decisions regarding hiring or continuing employment.
How Does the NYCSA Seal Convictions?
The NYCSA will require the New York State Unified Court System to seal eligible criminal records within three years of the law’s effective date. As such, the Act has imposed a November 16, 2027, deadline for sealing these records. Once sealed, they will become unavailable to the public. In most cases, sealed records do not appear on criminal background checks for employment or housing.
Under the NYCSA, most misdemeanor and felony convictions will qualify for sealing; however, some exceptions exist. These exceptions include all non-drug-related Class A felonies as well as sexual offenses. Felonies like sexual offenses do not qualify for automatic sealing under the Act.
What Is the Waiting Period to Seal Offenses?
According to the NYCSA, misdemeanor offenses can qualify for sealing after a three-year waiting period. This period begins based on the letter of release from incarceration or the sentencing date if there is no incarceration. Felony convictions have an eight-year waiting period with similar starting requirements.
However, the clock will reset if the individual incurs a new misdemeanor or felony offense during the waiting period. As such, the period will begin from the date of release or sentencing of the new offense. This change also affects prior convictions, meaning they become eligible for sealing after completing the new waiting period. An offender will also become ineligible for expungement while under probation, parole, or post-release supervision.
Are Certain Employers Exempt From These Requirements?
The NYCSA will not impact employers required to perform a fingerprint background check. This exemption is to maintain protections for vulnerable populations, such as children or the elderly. Such positions often require a fingerprint background check.
For these positions, employers may perform background checks before hiring. Furthermore, records not typically available due to sealing or other reasons remain visible when screening for these positions.
The NYCSA has brought significant changes to the employment screening landscape. For many, it will also benefit individuals with offenses sealed under the Act. However, employers must act carefully when screening applicants with sealed records. One way to ensure the accuracy of their reports is by working with an experienced background screening provider.
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