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New York State’s Clean Slate Act and Impact on Employers

October 28, 2024 / By Tracy Rickett, UNY Human Resources Generalist / .(JavaScript must be enabled to view this email address)

New York State’s Clean Slate Act is effective November 16, 2024, and will have a significant impact on employers who conduct pre-employment criminal background screenings. Churches should review their onboarding and background check processes prior to November 16, 2024, to ensure compliance with the new law.

Background

The Clean Slate Act will automatically seal an individual’s criminal record after a waiting period, which is three years for a misdemeanor and eight years for a non-Class A felony.  The clock starts either after incarceration is completed or from sentencing date if there was no sentence of incarceration. Once the waiting period is over, a conviction will be sealed if: the person is no longer under probation, parole, or post-release supervision, and there are no pending criminal charges in New York State.

Some convictions will not be sealed:

• Out of state convictions
• Federal convictions
• Sex offenses
• Class A felonies (except for drug possession and sale)

Once sealed, conviction records will be unavailable for most civil purposes. They will not appear on background checks and cannot be used against the individual. Convictions sealed by the law can still be accessed by law enforcement; hiring of police and peace officers; gun licensing; any entity required by law to conduct a fingerprint-based background check, or an entity authorized to conduct a fingerprint-based background check where a job applicant would be working with children, the elderly, or vulnerable adults; and the NYS Education Department. 

Impact on Employers

Employers play no role in the sealing process, but employers should be aware that the law gives the court system three years to create a system to ensure convictions are sealed at the right time. 

Employers may still ask applicants if they have been convicted of a crime but if the record is sealed, the applicant can truthfully answer “no” on the employment application.  

Employers can still run background checks but if the record is sealed it will not appear on the background check. 

The Clean Slate Act requires a copy of the background check report to be provided to the individual every time, with a copy of the NYS Corrections Law Article 23-A. Although the background check company may be able to provide these documents to the individual, churches should be aware that it is ultimately their responsibility to follow this requirement of the law.

Before a background check report can be requested, the employer must provide: 1) a copy of the Fair Credit Reporting Act, 2) an authorization and disclosure form that is completed and signed by the individual, and 3) a copy of the NYS Corrections Law Article 23-A. These documents cannot be combined with any other documents such as an employment application.

This law does not change an employer’s obligation to conduct a job-related analysis prior to taking an adverse action or prior to denying an employment opportunity based on conviction status as required by the NYS Corrections Law Article 23-A.  

If you have any questions regarding the Clean Slate Act or background checks, please contact Tracy Rickett, HR Generalist, at tracyrickett@unyumc.org or 315-898-2017.