Employer Obligations under the New York Clean Slate Act
Effective November 16, 2024, the New York State Clean Slate Act (the “Act”) will allow certain state criminal records to be sealed from public access once an individual completes their sentence and after a specified period passes without another conviction.
The Act makes it unlawful for employers to inquire about or to use sealed convictions against applicants or employees. These sealed records, however, will remain accessible for entities who are required by law to conduct fingerprint background checks, such as those who work with children and other vulnerable populations.
Individuals with eligible misdemeanor convictions, who have completed their sentence (including probation and parole time), will have their records automatically sealed after three years. For certain felony convictions, this period is extended to eight years. However, records of individuals convicted of sex crimes, murder, domestic terrorism, or other violent, non-drug Class A felonies will not be sealed.
Employers should review their practices and policies, specifically related to hiring, background checks, use of conviction records, and nondiscrimination policies, to ensure they comply with the Clean Slate Act.
The Clean Slate Act does not change an employer’s obligations under New York’s Article 23-A prior to denying an employment opportunity based on conviction status, which requires an employer to consider specific factors such as relevance of the conviction and evidence of rehabilitation. The Act also does not change obligations of New York City employers under
New York City’s Fair Chance Act, which offers more expansive protections to individuals with criminal backgrounds.
We previously reported on the Clean Slate Act when it was passed by the legislature in November 2023, here. If you have questions or concerns about the Clean Slate Act, or questions or concerns about your rights as hiring party, employee, or independent contractor, please contact Chaim Book at CBook@booklawllp.com, Sheryl Galler at SGaller@booklawllp.com, or Nadav Zamir at NZamir@booklawllp.com.
