In a groundbreaking move toward criminal justice reform, the Clean Slate Act (S.7551A/A.1029C) in New York is set to automatically seal eligible criminal records, marking a pivotal shift in available opportunities for individuals with non-violent criminal convictions.
The legislation aims to provide second chances, but also complicates background investigations in the process. Let's explore the key provisions of the Clean Slate Act and its anticipated effects on individuals and employers.
What is the Clean Slate?
The Clean Slate Act uses automatic record sealing for certain criminal convictions after specific waiting periods—three years for some misdemeanors and eight years for some felonies.
Crucially, eligibility for this automatic sealing hinges on individuals completing their sentencing and conditions of release without committing additional crimes in New York during the waiting period.
This legislation does come with safeguards. Records of individuals convicted of sex crimes, murder, or other non-drug Class A felonies are not eligible to be sealed. The New York State Police, NYS Courts, Department of Education, and other applicable state agencies will still have access to these records.
The Clean Slate Act takes effect one year from the date it was signed, November 16th, 2024, allowing the New York State Office of Court Administration (NYS OCA) up to three years to implement the necessary processes for identifying and sealing eligible records.
While the worst offenses will remain visible to the public, it’s essential for employers to consider the broader background investigation implications of this new act.