The New York Clean Slate Act

November 16th, 2024

Navigating New York's Hiring Landscape

New York's business landscape faces a seismic shift with the full implementation of the Clean Slate Act. This groundbreaking legislation, designed to give millions a second chance, is set to redefine hiring practices across the Empire State. 

For employers, it's not just another policy change—it's a paradigm shift demanding attention. Whether you're a small business owner in Buffalo or the HR director of a Fortune 500 company in Manhattan, understanding the nuances of Clean Slate isn't just important—it's critical.

What is Clean Slate?

The Clean Slate Act (A.1029-C) is a groundbreaking piece of legislation in New York that automatically seals certain criminal records, offering a fresh start to millions of New Yorkers. At its core, the Act aims to help those who have demonstrated rehabilitation by making their past offenses less visible to potential employers, landlords, and others who might conduct background checks.

Automatic Sealing Timeframe

Not all offenses are eligible for sealing under Clean Slate. The Act primarily targets less severe crimes, with waiting periods being:

What Information Remains Available?

Crucially, individuals must have completed all terms of their sentence, including probation, parole, or post-release supervision, to be eligible. However, it's important to note certain offenses are explicitly excluded from the Act, including:

  • Sex offenses requiring registration.

  • Non-drug Class A felonies.

  • Crimes where a life sentence may be imposed (e.g. murder).

The waiting period begins after sentence completion or release from incarceration. It's crucial to understand any new conviction or parole violation during this period resets the clock, ensuring only those who have genuinely turned their lives around benefit from the Act.

Who Maintains Access to Conviction Information?

With the automatic sealing of eligible records, employers will have limited access to certain criminal history information. This change necessitates a shift in how background checks are approached and utilized in the hiring process. Employers may find themselves with less historical data to inform their decisions, potentially leading to increased reliance on other factors such as work experience, skills, and references.

However, it's crucial to note Clean Slate doesn't apply universally. Certain industries and positions retain the ability to access sealed records due to the nature of their work. These exceptions typically include:

  • Law enforcement agencies.

  • Organizations working with vulnerable populations (e.g. children, elderly).

  • Positions requiring security clearances.

Employers in these fields will need to stay informed about their specific obligations and rights under the new law.

Compliance Changes

For most employers, compliance with Clean Slate will be paramount to avoid legal consequences, including:

  • Updating hiring policies and procedures.

  • Training HR personnel and hiring managers on the new law.

  • Revising job application forms to ensure they don't improperly inquire about sealed records.

The Clean Slate Act represents a significant shift to balance public safety with opportunities for rehabilitation and reintegration. As the law's implementation is phased in overtime, staying informed about updates and adjusting accordingly will be crucial.

Clean Slate Resources to Level Up Your Hiring

Download Our Expert Roundtable

We assembled a virtual panel of legal experts and background check specialists to provide you with actionable insights and strategies centered around the Clean Slate Act in NY. Download your recording and get prepared for changes!

Public Safety Concerns

The Act's impact on public safety is a significant concern for employers. While proponents argue the waiting periods (3 years for misdemeanors, 8 years for felonies) ensure rehabilitation, these timeframes may not be sufficient to guarantee an individual's reformed behavior. Other public safety concerns include:

  • The exclusion of serious offenses from sealing doesn't account for patterns of lesser offenses that could indicate problematic behavior.

  • Law enforcement's retained access to sealed records offers little comfort to employers making daily hiring decisions, without access to that data.

  • The claim that Clean Slate may contribute to lower recidivism rates remains speculative and untested.

Employer Vulnerabilities

Employers' concerns about hiring individuals with sealed records are well-founded and shouldn't be dismissed. The Clean Slate Act introduces several critical challenges:

  • Increased liability for negligent hiring becomes a real threat, potentially leading to costly lawsuits.

  • The inability to properly assess job candidates creates a significant blind spot in the hiring process.

  • Potential workplace safety issues could arise from unknowingly hiring individuals with relevant criminal histories.

While employers can still conduct background checks, the effectiveness of these checks can be severely compromised when crucial information is sealed by the Office of Court Administration.

Negligent Hiring Claims

The risk of negligent hiring claims under Clean Slate is a serious concern that shouldn't be underestimated:

  • Courts may still expect employers to have done due diligence, even when critical information is unavailable.

  • The Act's waiting periods and exclusions for serious crimes offer little protection when facing a lawsuit.

  • The burden of proof in negligent hiring cases may shift unfairly onto employers, who are now working with incomplete information.

As an employer, navigating this new landscape alone is risky. The Clean Slate Act introduces complexities and blind spots in the hiring process that could expose your business to significant liabilities. 

Without access to comprehensive criminal history information, you're left vulnerable to potential threats to your workplace, employees, and customers.

Prepare Yourself for a Clean Slate

The time to act is now. Don't wait to shore up your hiring processes. Reach out to CI today to schedule a personalized consultation. Our team of experts will assess your current screening procedures, identify potential vulnerabilities, and create a tailored solution that not only addresses the challenges of Clean Slate but positions your company for success in this new landscape.