By Ty Hyderally Esq. and Lorena Meza

February 27, 2025

The New York State Clean Slate Act became operational on November 16, 2024, as a major development in criminal justice reforms. The legislation works to expand employment opportunities through automatic record-sealing procedures while setting boundaries for employer use of conviction information during hiring processes. The law demonstrates a rising awareness that previous convictions should not block people from successfully returning to community life. Most felony and misdemeanor convictions become sealed under the Clean Slate Act so people can start anew without facing criminal record stigma. The court system automatically seals misdemeanor convictions starting three years from sentencing or the date of release from prison, whichever date occurs later. A person with no new criminal offenses can obtain felony conviction sealing after eight years.

The Act excludes certain convictions from its provisions. The automatic sealing process does not extend to serious offenses such as murder under Class A felony status, sex crimes, and sexually violent offenses. The Act excludes its provisions from covering both federal convictions and convictions obtained in states outside of New York. A criminal record is an ongoing obstacle that prevents people from obtaining employment and accessing housing and education opportunities. Employers, together with landlords, run background checks that instantly eliminate candidates who have previous convictions even if they have shown improvement. The Clean Slate Act removes barriers to allow eligible people to return to society and contribute to their communities.

Employment stability and secure housing considerably reduce the chance of criminal recidivism in former criminals. Research shows that stable housing and work reduce re-offending. Through increased workforce participation, the Clean Slate Act benefits people with criminal records, public safety, and local economies. Employers must follow tight standards for using criminal background information during hiring under the Clean Slate Act. Employers must not ask about automatically sealed convictions or take unfavorable action based on them. Background check companies must ensure their screening processes comply with the Act. The measure does not eliminate background checks. Employers conducting background checks on children or vulnerable groups can see sealed convictions.

The act has a period of three years until November 16, 2027, to seal qualifying papers. This method requires upgrading the New York State Unified Court System’s statewide record-keeping systems. It requires systems to identify eligible convictions, parolees and probationers must meet certain conditions and keep sealed records out of reach of unauthorized people.  Overall, the Clean Slate Act creates a new criminal history system. By removing barriers, the law boosts economic growth and helps ex-convicts reintegrate. Everyone should know their legal rights, and this change should be open and accessible so people can learn more through education and tools accessible to them.

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