New York has enacted a new law, the New York Clean Slate Act, aimed at removing "old convictions" from public access. As of November 16, 2024, New York will automatically seal:
The impact of this automatic sealing schedule will be that the public (including Consumer Reporting Agencies or “CRAs”) will have narrower access to New York criminal records.
New York has long been at the forefront of efforts to mitigate the impact that criminal history information received by potential employers may have on extending offers of employment. We are all familiar with New York City's Fair Chance Act, which requires CRAs to bifurcate background check forms so that no criminal history questions are asked of a candidate for employment until after the employer has extended a conditional offer of employment. The intent of such laws is to give individuals applying for employment the opportunity to convince a potential employer that they are a good candidate for the job, without biasing the employer early in the process against a candidate who would otherwise be a good, qualified fit.
Courts and agencies will have up to three years to seal eligible records, which must be completed prior to the law’s scheduled implementation in November 2027. Proponents of the law say that it will expand New York’s workforce by filling an additional 450,000 jobs amid a labor shortage. Additionally, the law is projected to boost the state’s economy by generating an estimated annual earnings increase of $12.6 billion dollars.
Several other states have also enacted their own Clean Slate laws. For example, in September 2022, California became the eighth state to do so. California’s law seals court records after convicted individuals have both successfully completed their sentence and have not committed (or recommitted) a crime for a specified period (which differs depending on the severity of the offense). This makes it slightly different than New York’s law, as records are not automatically sealed. Instead, they are eligible for sealing, pending the action of the originally offending individual. Further, law enforcement agencies in California are still permitted to view criminal record histories when necessary.
In addition to narrowing access to criminal records, the NY Clean Slate Act requires employers or end users (those receiving background reports) to provide additional information to employment candidates, regardless of whether the employer intends to use that information in their hiring decision. Such information includes:
By way of background, Article 23-A of the NY Correction Law obligates employers to evaluate qualified job candidates with criminal histories individually and on a case-by-case basis. The law also requires CRAs to include the text of the Article in background check forms and employers to post Article 23-A in physical places of business (since the law also applies to current employees with criminal histories).
As the NY Clean Slate Act imposes this information and notice requirement on potential employers and end users, laws like it continue to underscore the importance of partnering with your background check provider on risk identification and mitigation.
As always, Checkers’ goal is to keep our clients informed about changes that may affect background checks while also collaborating to devise solutions. We are particularly mindful of ordinances of this nature as our clients often hire nationwide. We welcome the opportunity to discuss further!
This article is for informational purposes only and should not be considered legal advice, guidance, or counsel. We recommend consulting with employment counsel to determine the appropriate next steps for your organization.
Erica Lucero Alden spent over a decade doing unscripted and scripted Business & Legal Affairs and Production Legal for NBCUniversal and Netflix. Her first job was Diligence Counsel at NBCUniversal, and she couldn't resist returning to her roots as COO and General Counsel at Checkers International. She enjoys wandering her Los Angeles neighborhood with her partner and two sons, improving her tennis game and watching the sky change during sunset with a seasonal beverage in hand.
