The New York Clean Slate Act: A Comprehensive Overview for Employers
On 16 November 2024, the New York Clean Slate Act will take effect, introducing significant changes to how criminal records are handled. This legislation aims to help individuals with past convictions reintegrate into society by sealing certain records after a specified period.
Key Provisions of the Clean Slate Act
- Automatic Sealing of Convictions:
- Misdemeanours will be sealed three years after sentencing, provided no further criminal activity occurs.
- Felonies will be sealed eight years after sentencing, excluding time incarcerated, if there are no new offences.
- Eligibility requires completion of sentences, including probation or parole, with no pending charges or new convictions during the waiting period.
- Exceptions:
- Records for certain offences, including sex crimes and most Class A felonies (e.g., murder), are not eligible for sealing.
- Implementation Timeline:
- The New York State Unified Court System has until 16 November 2027 to systematically seal eligible records.
Implications for Employers
- Access to Sealed Records:
- Once sealed, records will no longer be available to most employers during background checks. Exceptions include law enforcement agencies and organisations involved in firearm licensing.
- Notification Requirements:
- Employers must provide individuals with a copy of any background check report containing criminal history, regardless of intent to take adverse action.
- A copy of Article 23-A of the New York Correction Law must also be provided, outlining individuals’ rights and the process for disputing inaccuracies.
Rationale Behind the Legislation
The Clean Slate Act seeks to address the barriers individuals with criminal records face in
securing employment, housing, and education. By sealing eligible records, the Act aims to:
- Reduce recidivism.
- Enhance public safety.
- Expand workforce participation and stimulate economic growth.
Advocates believe this approach fosters a fairer society and supports rehabilitated
individuals in making positive contributions to their communities.
Practical Considerations for Employers
- Review Hiring Practices:
- Update hiring practices to comply with the Act, including distributing reports
and related documentation.
- Ensure legal compliance to avoid potential penalties.
- Training and Compliance:
- Train HR teams to understand the new requirements and implement
processes effectively.
Conclusion
The New York Clean Slate Act represents a landmark shift in criminal justice reform, offering second chances to rehabilitated individuals while maintaining public safety. Employers and individuals must embrace the Act’s provisions to foster a more inclusive society.
References
- Clean Slate NY FAQ: https://www.cleanslateny.org/faq
- NY Assembly Clean Slate Act Summary: https://nyassembly.gov/cleanslate/?sec=home
- Article 23-A, New York Correction Law: https://www.nycourts.gov/courts/6jd/forms/SRForms/Correction_Law_Art23-A.pdf