New York Clean Slate Law Signed, Bringing Big Changes

November 2023 brought a landmark change in New York background check compliance and regulation with the signing of a new Clean Slate Act into law. Businesses should take note of this shift that brings significant implications for what employers will receive to evaluate candidates in the future. Though it will not come into effect immediately, the New York Clean Slate law will change what information remains publicly visible to those hiring new employees.

New York is now the 12th state to have such a law. Much like "ban the box" laws, which aim to give those with convictions a chance to demonstrate their suitability, a "clean slate" law has a similar aim. The goal is to expand hiring and housing opportunities and fight recidivism by making it easier to re-integrate into society.

What the new Clean Slate law does

Clean slate laws are similar to ban the box regulations, but there is a considerable difference. Instead of delaying a background check, this legislation requires that specified criminal charges disappear from public view—so employers may never know a candidate had a minor conviction. By doing so, legislators hope for an impact in two areas. First, removing these convictions from view may encourage more individuals to apply for jobs they might otherwise not. Second, most employers will only see them on their merits, not their convictions.

Under the terms of the law, the state will automatically seal some convictions following the conclusion of a sentence and a crime-free period. Any probation, parole violations, or new criminal charges reset the timer. There is a three-year period before sealing can occur for many misdemeanor crimes. Eligible felonies, including class A drug felonies, go under seal after eight years. Murder and most violent felonies, sex crimes, and other class A felonies are never eligible.

Notably, these crimes only go under seal; they are not expunged. The courts, law enforcement agencies, and groups such as the Education Department will still be able to see and consider this information.

When should employers expect the law to have an impact?

The law was enacted one year after signing, meaning it came into force on November 16, 2024. However, the state will provide the Office of Court Administration three more years to identify and seal the relevant records. The sealing process should end by November 16, 2027.

The impact of the Clean Slate law on employers

The state has not fully explained whether employers should consider such convictions during the interim period. However, given the rolling time, it is likely that some convictions soon to go under seal may still be on a screening report. Whether the legislature will clarify this aspect of background check compliance remains to be seen.

Still, once under seal, potential employers may not consider these records. They functionally do not exist except in regulated sectors, such as law enforcement or education. If correctly executed, the impact on employers should be minimal—you can continue following your existing background check process in compliance with existing background check regulations.

Equipping your business for the new environment

At backgroundchecks.com, we remain committed to supporting our partners in upholding the values of fair hiring and equal opportunity employment. Alongside extensive resources on compliance in our Learning Center, we strive to remain abreast of all the latest updates to the law nationwide. When that requires updating one of our solutions, we move quickly and use the newest technology to continue delivering a high-value service to our partners.

With solutions such as the US OneSEARCH and packages that include local county court record checks, employers in New York can still easily equip themselves to hire in today's environment. Though compliance requirements may change, you can stay one step ahead with the right resources. Discover helpful solutions for screening and more information on regulations such as the New York Clean Slate law with our support today.