New York Clean Slate Act Took Effect on November 16, 2024

On November 16, 2024, the Clean Slate Act (the “Act”) takes effect. Generally, the Act prohibits New York State employers form inquiring about or discriminating against individuals based on sealed conviction records.

The Act provides for the automatic sealing of certain criminal convictions after an individual has satisfied their sentence and the required period of time has passed. These certain criminal convictions will only be automatically sealed if during that period of time the individual has remained a law-abiding citizen.

The Act automatically seals misdemeanors three years after the individual has been released from prison or completed parole. If the individual is subsequently convicted of a crime before a prior conviction is sealed, the calculation of time to seal the prior conviction will start at the same date as the calculation to seal to subsequent conviction.

Felony convictions will be sealed eight years after the individual is released from prison. However, certain convictions, such as non-drug related Class A felonies, including murder, and convictions for sex offenses or sexually violence offences will not be eligible to be sealed at any time under the Act.

Notably, employers that are otherwise required by law to conduct “fingerprint-based” criminal history checks, such as employers in childcare, eldercare, and disability care, will have access to records that would otherwise be sealed under the Act.

The Act also requires employers who receive criminal history information as part of a background check to furnish a copy of the report containing such information to the applicant and notify the applicant of their right to “seek correction of any incorrect information contained” in the report.

Other states, including California, New Jersey and Michigan, have passed similar laws in their respective states.

For more information on the New York Clean Slate Act or other employment law assistance, please contact Rimon Partner Christopher Kelly or Associate Courtney Roman.

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This summary is provided for informational purposes only and is not intended to constitute legal advice nor does it create an attorney-client relationship with Rimon, P.C. or its affiliates.