New York state’s Clean Slate Act, which took effect Nov. 16, passed the state legislature and was signed by Gov. Kathy Hochul last year. In short, the Clean Slate Act seeks to relieve the barriers to employment for people with criminal convictions by sealing misdemeanor and certain felony criminal records as follows:

• Misdemeanors are sealed three years following the individual’s release from prison or from the imposition of a sentence if there was no incarceration.
• Felonies are sealed eight years after the individual’s release from prison or from the imposition of a sentence if there was no incarceration.

The Clean Slate Act exempts certain categories of serious offenses, and it does not seal the following convictions:

• Class A felonies (very serious felonies including murder, treason, arson, terrorism, and kidnapping—excluding certain Class A drug convictions).
• Sexually violent offenses.
• Sex crimes.

Critical to employers in New York state, the Clean Slate Act prohibits employers from making any inquiry regarding automatically sealed convictions or making any adverse decision concerning an individual’s employment based on automatically sealed convictions. Employers remain permitted to access and consider sealed convictions in making employment decisions when state or federal law requires them to conduct a fingerprint-based background check or when they are authorized to conduct a fingerprint-based background check because the applicant would be working with children,...

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