In the final hours of the 2023 legislative session, the New York Legislature passed Assembly Bill 1029C / Senate Bill 7551A, the “Clean Slate Act.” If signed by Governor Hochul, it will provide for the automatic sealing of the records of certain convictions after specified periods of time. The measure would not take effect, however, until one year after signing. It is intended to increase employment opportunities for those with past criminal histories who have had no recent convictions. Under the bill, the State Human Rights Law would prohibit employers from inquiring about sealed records or discriminating against applicants or employees based upon sealed records.

Automatic Sealing

After taking effect this bill would immediately seal the records of criminal convictions under state law as follows:

• Misdemeanors would be sealed three years from the individual’s release, or the imposition of sentence if there was no sentence of incarceration.
• Felonies would be sealed after eight years from release.

Not eligible for sealing would be Class A-I felonies, the most serious category, for which a maximum sentence of life imprisonment may be imposed (e.g., murder, first-degree kidnapping, first-degree arson, and first-degree illegal narcotics possession) and convictions requiring registration as a sex offender.

Requirements for Sealing

Sealing would be automatic except where the convicted individual has a criminal charge pending or is on probation or under parole supervision when...

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