New York Enacts Clean Slate Law

Author: Michael Cardman, HR & Compliance Center Senior Legal Editor

November 28, 2023

A new law in New York called the Clean Slate Act will automatically seal individuals' conviction records from public access after a certain period has elapsed.

The Clean Slate Act also will prohibit employers from inquiring about sealed conviction records or discriminating against applicants or employees based on sealed records.

It takes effect November 16, 2024.

Under the Clean Slate Act, an individual's conviction will be automatically sealed after a waiting period of eight years for a felony and three years for a misdemeanor. During this waiting period, the individual may not have any other convictions. The waiting period begins on the sentencing date unless the person was incarcerated, in which case it begins once the individual is released.

Certain convictions - including sex offenses, sexually violent offenses and Class A felonies like murder - may never be sealed.

Employers that are required by federal or state law to conduct a criminal background check before granting licenses to or employing individuals in certain jobs (such as employment with children, elderly populations or other vulnerable populations) will have access to convictions that would otherwise be sealed by the Clean Slate Act.

The new law is backed by the Second Chance Business Coalition, a business group representing major firms such as JPMorgan Chase, General Motors and Walmart. "Small businesses want it too," Gov. Kathy Hochul said. "Because if they can't hire people, they don't grow."

Several other states - including California, Colorado, Connecticut, Delaware, Michigan, Minnesota, New Jersey, Oklahoma, Pennsylvania, Utah and Virginia - have passed similar laws. "They're way ahead of us on this, and they're showing that it works," Hochul said. "We're not the first; the evidence is there. When you give people jobs, they don't commit crimes."