A Year into Clean Slate: What New York Employers Should Be Reviewing Now
- UNIQUE BACKGROUND SOLUTIONS
- 45 minutes ago
- 3 min read
A Year into the Clean Slate Act
It has been a year since New York’s Clean Slate Act—effective November 16, 2024—took effect, introducing automatic sealing of certain criminal convictions for individuals who have remained law-abiding for several years. The law aims to reduce employment barriers for rehabilitated individuals while maintaining access to key information needed to protect workplaces and the public.
For employers, this law changes how background checks in New York will look moving forward. Some past convictions will no longer appear in routine background reports, and policies that ask about criminal history will need to be updated to reflect these changes.
What the Clean Slate Act Does
The law directs New York State to automatically seal certain convictions after specific waiting periods:
Misdemeanors: sealed after 3 years from sentencing or release.
Felonies: sealed after 8 years from sentencing or release.
This process applies only if the individual has completed their sentence, has no new pending charges, and the conviction does not fall under an excluded category. Once sealed, these convictions will no longer appear in most employment-related background checks.
The following convictions remain visible and are not eligible for sealing:
• Sex offenses and sexually violent crimes (Correction Law §168-a)
• Class A felonies, except certain drug-related offenses
• Active orders of protection or pending charges
• Federal or out-of-state convictions
• Convictions with unpaid restitution, fines, or surcharges
These restrictions mean that serious or violent crimes continue to be reportable. Employers can still make informed hiring decisions that protect their teams and customers.
Fingerprint-based criminal background checks required under state or federal law are not impacted by the Clean Slate Act, as sealed records remain accessible to authorized agencies.
What Employers Should Do Now
1. Review Hiring Policies – Remove or revise any language asking applicants about sealed convictions. Applicants may lawfully answer “no” when asked about convictions that are sealed.
2. Update Disclosures and Authorizations – Ensure your forms and processes comply with the Fair Credit Reporting Act (FCRA) and Article 23-A of the Correction Law.
3. Train HR Staff and Hiring Managers – Educate your team about what sealed means, what information may no longer appear, and how to interpret background reports accordingly.
4. Coordinate with Your Background Screening Provider – Confirm that your vendor’s system and data sources are aligned with the new law and will not include sealed records.
5. Document Role Requirements – Identify positions that require fingerprint-based background checks or special licensing, such as childcare, healthcare, or financial services roles.
Maintaining Compliance and Fairness
Under the amended Executive Law §296(16), it is now an unlawful discriminatory practice to ask about, or act upon, sealed convictions. Employers are encouraged to continue following Article 23-A, which outlines how to consider criminal history fairly and consistently.
The intent of the Clean Slate Act is clear: to give rehabilitated individuals a fair opportunity to work, while ensuring employers retain access to the information that truly matters for safety and trust.
Transparency Requirement: Sharing Records and Article 23-A
The Clean Slate Act also amended New York’s Executive Law §845-d, requiring employers and other entities that receive criminal history information for civil purposes to provide the individual with a copy of that record and a copy of Article 23-A of the Correction Law. Employers must also inform individuals of their right to dispute or correct any inaccuracies with the Division of Criminal Justice Services (DCJS).
Our Commitment to Employers
At Unique Background Solutions, we help organizations stay compliant, informed, and confident. We monitor legislative changes like the Clean Slate Act to ensure your background checks remain accurate, lawful, and practical.
If your company hires in New York, now is the time to review your policies and confirm your screening process aligns with this new era of fair-chance compliance. Our team is here to help you adapt smoothly—protecting your business, your people, and your reputation.
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