Effective November 16, 2024, New York will begin automatically sealing many types of criminal conviction records under the Clean Slate Act. The purpose of the Act is to curb the effect of lingering exclusion from employment, housing and education experienced by individuals with criminal convictions. As a result, employers will obtain more limited applicant background information during pre-employment screenings.
Automatic sealing will apply where the conviction occurred at least three (3) years ago (for traffic violations and misdemeanors) or eight (8) years ago (for felonies), calculated from the date of sentencing or release from confinement, whichever is later.
Automatic sealing will not apply where:
- the individual accrues additional criminal charges or convictions in New York State;
- the individual accrues additional felony charges or convictions in the preceding eight (8) years in another jurisdiction;
- the individual fails to complete any required probation or parole; or
- the conviction is for a sex offense, a sexually violent offense, or a Class A felony, such as murder.
The Act applies to all New York employers, but makes exceptions for access to sealed convictions for certain specialized purposes, including but not limited to applications for employment involving work with children, adolescents, the elderly, and other vulnerable populations.
Bottom line: once the Act is effective, if an employer asks an individual with a sealed conviction if they've ever been convicted of a crime, the individual may lawfully respond as if the conviction hadn't occurred.
Feel free to reach out for more information about pre-employment screening or to revisit your employment policies generally to make sure they're compliant in New York and wherever else you do business: www.irving-hr-advisory.com
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