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November 14th, 2024 / -- New York State's Clean Slate Act aims to give people a fresh start, but it's NOT an automatic "get out of jail free" card for past offenses. Unlike other states with similar laws, New York has a stricter process. It doesn't just automatically seal records after a certain time.
Instead, individuals need to be completely free of any further criminal activity – no new charges and no pending cases – to qualify. This makes background checks in New York more complex than ever. This webinar is a must-watch for HR professionals and managers to understand these changes, stay compliant, and make informed hiring decisions.
What is the New York Clean Slate Act?
New York's Clean Slate Act aims to give people with past convictions a fair chance at employment and housing, but it's not a simple automatic sealing of records. While the law eventually seals certain criminal records, it requires more than just waiting a set time. Individuals need to have remained crime-free with no new charges or pending cases to be eligible. This means that some records may not be sealed even after the waiting period.
Important exceptions to keep in mind:
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Ineligible Records: Not all records are eligible for sealing. Serious offenses like sex crimes, violent felonies, and most Class A felonies (except for some drug-related convictions) will remain on a person's record.
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Federal Crimes: The Clean Slate Act only applies to New York State convictions. Federal crimes are not affected by this law and follow different rules.
Here's the key takeaway:
Conditional Sealing: New York's Clean Slate Act seals eligible misdemeanor records after three years and felony records after eight years, but only if the individual has no further criminal activity, has completed their sentence, including any probation or parole, and their conviction is not one of the exceptions listed above.
The Clean Slate Act adds another layer of complexity to an already intricate landscape of background checks and hiring regulations. Don't go it alone! CIChecked has been navigating this terrain for over 20 years. Our team of experts will guide you through these changes and ensure your organization remains compliant. Contact us today to learn more about how we can help you navigate the Clean Slate Act and other complex regulations.
Watch The Full NY Clean Slate Act Webinar Recording Here
Meet our past panelists below!
Joanmarie Dowling
Managing Member, Dowling Law, PLLC
Joan Marie is the founder and managing member of Dowling Law, PLLC, a certified woman-owned business, and Clarity HR Solutions LLC. Dowling Law, PLLC, provides strategic employment law advice and representation to organizations throughout New York State. Clarity HR Solutions LLC supports employers in developing strong employee relations strategies and
efficient HR practices.
Todd Higey
Founder, Higey Law
Since 1998 attorney Todd Higey has represented a wide range of businesses, from Fortune 500 companies to small, closely held family businesses. In 2023, he founded Higey Law LLC, a boutique firm devoted to representing businesses regulated by the federal Fair Credit Reporting Act and related laws and regulations.
President, CIChecked
Michelle has 31 years of experience in the background investigations industry, and she founded CIChecked in 2004. She believes that businesses need to take advantage of all ethical, legal, and available options to ensure that the appropriate applicant for a particular position is hired.
Rory Bogdon
Public Access Director, Professional Background Screening Association (PBSA)
Rory has worked in the background screening industry for almost 12 years in a number of operational roles supporting employers across a wide range of industries. He is passionate about maintaining fair access to public case information to help ensure job and housing seekers can make it through the background check process without undue delay.
