Recently, the New York Governor signed the Clean Slate Act into law. This success is good news for many New York residents with a criminal record. Interested parties can expect the law to take effect in November 2024.

Once it takes effect, those with criminal records may find significant improvements in their job and housing opportunities. The Clean Slate Act would help people with a criminal record reintegrate into society more quickly while considering public safety. It does so by automatically sealing eligible criminal records. However, it applies only to individuals who have not committed crimes during the required waiting period. 

The Clean Slate Act will seal your eligible misdemeanor conviction if you have not faced another sentence for three years after the initial conviction or release from incarceration. It also automatically seals certain felony convictions. However, the waiting period is eight years after the initial conviction or release from incarceration. During this time, you cannot accrue any new criminal convictions, regardless of whether it is a felony.

Interested individuals must understand that New York’s Clean Slate Act will not seal all crimes. For example, it explicitly lists serious crimes, such as sex crimes or murder, as ineligible. All eligible records expunged by the Act should no longer appear in public court indexes. However, most employers and landlords should not have access to it. 

Of course, there are exceptions to this law. For example, law enforcement officers can see the records when processing individuals’ applications for firearms. Other exceptions include prosecutors or courts. They may access these files as part of a new case. Finally, employers required to conduct fingerprint-based background checks may acquire the sealed information.

According to the governor, the Clean Slate Act intended to do more than improve public safety. She also explained that it would improve economic growth. As such, she supports giving people a clean slate once they have paid their debt to society and not re-offended for years. She believes a good-paying job is the best way to fight crime.

The Clean Slate Act will take effect later in 2024. If you have eligible convictions, you may see them expunged at the end of the year. This automatic sealing can significantly improve your ability to obtain work or housing. However, your records will remain visible to the public, such as employers and landlords, until then. While you wait, consider running a self-check to review the information they will see.

Background checks don’t have to be complicated. Try running a self background check today and give yourself a head start.

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The Minnesota Department of Public Safety recently blogged an update concerning two Acts. The blog details the steps the Bureau of Criminal Apprehension (BCA) has taken since passing these Acts. The Acts in question are the Adult-Use Cannabis Act and the Clean Slate Act, passed last spring. 

According to the new article, the BCA is still working to implement either Act’s significant changes. The Adult Use Cannabis Act and Clean Slate Act passed in early 2023. Both changed who can view criminal history information, such as arrest and conviction records. Ordinarily, publicly available information from criminal history records is available online from the BCA.

Under the Adult Use Cannabis Act, Minnesotans with certain low-level cannabis-related offenses will qualify to seal their records. The Act requires an automatic expungement for all qualifying records from the BCA’s database. The BCA has estimated that more than 66,000 records may qualify for automatic sealing under the Adult Use Cannabis Act.

According to the BCA, it is well on its way to successfully creating the processes needed to automate these expungements. This effort included employing over a dozen staff and contractors to develop the necessary systems. The BCA claimed it will continue to analyze and establish rules for identifying qualifying records and notifying law enforcement and judicial authorities.

The state has created a Cannabis Expungement Board for those with felony offenses. This Board reviews cases and determines eligibility for expungement or resentencing under the new regulations. According to the BCA, there are 230,000 eligible offenses for review by the Board.

The Clean Slate Act takes effect in January 2025. It will expand the list of offenses qualifying for expungement. In addition, it will introduce a process for the BCA to seal qualifying records. However, the BCA has yet to determine the number of records that may be affected by the Act.

The BCA will continue improving its database to ensure the prompt completion of expungements. Furthermore, the Bureau added language to all criminal records. This change would indicate whether the records contain information about acts that are no longer illegal. The statement is the following:

“Minnesota Session Laws – 2023, Chapter 63, Article 5 requires automatic expungement of certain cannabis-related offenses effective August 1, 2023. While the Criminal History System is being updated to support the changes, an individual’s record may include cannabis-related offenses that are eligible for automatic expungement. In addition, an individual’s record may include cannabis-related offenses that are eligible for review by the Cannabis Expungement Board. The Board will determine whether the offense meets the criteria for resentencing or an order of expungement through the Judicial Branch.”

When performing background checks, employers must ensure that they receive up-to-date criminal history information that reflects these changes. The best way to help ensure this is to work with an experienced employment screening provider. The right partner will ensure the company complies with all state and federal regulations.

Keep your business compliant with new laws and regulations with JDP’s reliable background checks. Contact a sales rep today.

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The governor of New York, Kathy Hochul, has signed the Clean Slate Act into law. This law will take effect on November 16, 2024. It would make it easier for individuals to expunge eligible criminal records, improving their ability to reintegrate into society.

Legislators expect the Clean Slate Act to improve opportunities for those with criminal records while ensuring public safety. It would also reduce the barriers that they face. This Act would significantly help people of color who are disproportionately affected by the criminal justice system. Once it takes effect, it will automatically seal some criminal records. However, this process applies only to those who have not committed new crimes after completing their incarceration or sentence.

How the Act Works

The Clean Slate Act will automatically seal the records of people who have eligible misdemeanor convictions. However, three years must pass since their release to qualify for automatic expungement. Those with felony convictions must wait eight years after their release. In both cases, the individual cannot commit new crimes during the waiting period.

People convicted of murder, sex crimes, and any other serious crimes will not qualify to have their criminal record automatically expunged. The new Clean Slate Act also prevents employers from asking about or considering the sealed records. This ban ensures employers do not discriminate against the employee or applicant because of the expunged information. 

Once expunged, the records will no longer appear in public court indexes. As such, they will not be available to most employers. However, the Clean Slate Act includes exceptions for specific circumstances. Examples include investigations conducted by law enforcement, prosecutors requiring access, or courts pulling the records for new criminal cases. Licensing officers processing applications for firearms may also access expunged records. Finally, the Act offers exceptions when federal or state laws require fingerprint-based background checks.

The Act’s Importance

The governor stressed that the legislation intends to increase public safety and improve economic growth. She also said a good-paying job is the best way to fight crime. As such, she supports giving people a clean slate once they have paid their debt to society and not re-offended for years.

People with criminal records may see immediate results once the Clean Slate Act takes effect in 2024. For example, they may benefit from greater employment and housing opportunities shortly after November 16, 2024. This law will also help employers as the labor pool for applicants increases. Employers should consider working with a trustworthy background screening company in preparation for the Clean Slate Act. The right provider will ensure they view only information the regulations allow them to review.

Keep your business up to date on new laws and regulations with JDP’s free news resources. Contact a sales rep today.

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New York legislators recently approved the Clean Slate Act, which several other states have adopted over the years. This Act aims to improve job and housing opportunities for many residents with criminal records.

It would help these residents by addressing hurdles they face when job or house hunting. For example, the Clean Slate Act automatically seals eligible felony or misdemeanor convictions. However, these records must meet the following conditions:

• Misdemeanors: Three or more years must pass since the individual’s release from incarceration or sentence imposition
• Felonies: At least eight years must pass since the individual’s last release from incarceration.
• The individual does not have a criminal charge pending; and
• The individual does not require the supervision of any probation or parole department.

However, the Clean Slate Act imposes strict regulations for what convictions qualify for expungement. For example, it lists Class A felonies that may impose a maximum life imprisonment sentence as ineligible. The Act also rejects convictions that require individuals to register as sex offenders.

In addition, circumstances may allow specific inquiries into the sealed records. These include the following:

• Courts and prosecutors involved in a new criminal case;
• Law enforcement officers during the course of an investigation;
• Entities required by state or federal law to conduct fingerprint-based background checks;
• Entities authorized to perform background checks for jobs working with children, the elderly, or vulnerable adults; and
• Licensing officers handling firearm license applications.

The Clean Slate Act would benefit employers and individuals with criminal records if New York successfully enacts it. For example, it would address how employers currently struggle to obtain sufficient qualified employees. Sealing these records would allow otherwise overlooked candidates an opportunity to fill those positions. It would also enable employers to increase their workforce’s diversity and inclusiveness. 

Employers should also consider hiring job applicants with records ineligible for automatic sealing. In many cases, these convictions may prove irrelevant to the job. Such consideration could improve the employer’s workforce. It would also allow the individuals to rebuild their lives and contribute to their communities.

Many expect the governor of New York to sign the Clean Slate Act. Regardless of whether this happens, employers should still consider participating in a second-chance hiring program. The best way to start is by partnering with a trustworthy background check company. The right partner will use their experience in second-chance hiring to ensure employers can make informed hiring decisions.

Stay updated on all the new rules of compliance with JDP’s free news resources on FCRA, EEOC, and more. Contact a Sales Rep today for more information.

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On July 20, Kentucky’s Interim Joint Committee on Judiciary heard an advocate of the Clean Slate Initiative. The Committee and Representative Kimberly Poore Moser intend to propose the idea in January’s legislative session. They wish to call upon the General Assembly to offer low-level, non-violent individuals a second chance.

Nationwide, individuals with non-violent, low-level convictions often face similar struggles when reentering society. For example, their records act as obstacles when job hunting, seeking housing, even volunteering at their kids’ schools. These challenges have inspired much of the U.S. to enact various Clean Slate laws.

The State of Expungements

The Clean Slate initiative attempts to give everyone a chance at redemption. It would expand what records could receive expungement after individuals complete their sentences. In addition, it would qualify specific convictions for automatic sealing, easing the burden of advocating for expunged records.

Kentucky’s current process for expunging records has proven challenging and costly. It requires individuals to request an expungement certificate by mail, in-person, or online and to pay fees based on the type of conviction. They must also submit it with a petition in the Office of Circuit Court Clerk tied to the county with the original filed charge.

After completing these steps, the courts will review the request, and a judge will decide whether to proceed. Many people find this process complicated; others confessed uncertainty about whether they qualified for expungement. This uncertainty has led to many eligible individuals never knowing they can request expunged records.

Taking Action

Several lawmakers recently testified before the Interim Joint Judiciary Committee, voicing suggestions for improving the expungement process. Their testimony thoroughly demonstrated the challenges previously incarcerated individuals face when reentering society. They concluded the simulation with a call for Kentucky to adopt a proper Clean Slate Act.

According to the Act, residents would become eligible after completing their sentence and not committing another crime for five years. It would also have the state notify individuals when they qualify for expungement. The Act would involve the Administrative Office of the Courts and Kentucky State Police in this process, then have a judge determine final approval.

The Opposition

Some lawmakers do not support the proposed legislation. One lawmaker believes that small businesses have the right to know about potential employees’ criminal backgrounds. As such, he argued that the government should not decide to hide that information.

Such concerns have delayed Rep. Moser’s push for similar Clean Slate legislation. Earlier in the year, her bill failed to pass before the legislative session ended. However, she intends to try again in the 2024 legislative session held in January.

It remains uncertain whether legislation will acknowledge or pass the Clean Slate Bill. Regardless, employers should consider the relevance of convictions and open job positions. One way is by considering effective second-chance hiring programs. The best way to start is by partnering with an experienced background check company.

JDP makes background checks easy and reliable. Speak with a compliance expert today.

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After an extended legislative session, New York’s legislators passed the Clean Slate Act. If signed into law by the state’s Governor, this bill will have a two-fold effect. Though the Governor may sign it into law soon, it would not take effect until one year after the signature.

When it does, it would automatically seal certain criminal records and bar employers from considering them when making employment decisions. Furthermore, the Act would amend the State Human Rights Law. The changes intend to encourage equal opportunities for gainful employment despite having criminal records.

Automatic Sealing of Records

The Clean Slate Act would allow the state to begin automatically sealing qualifying criminal records. However, eligibility requires waiting periods that depend on the severity of the conviction. The individuals with qualifying records must also avoid further convictions during this time. 

The waiting period for these records is the following:

• Misdemeanors: Individuals released from prison or those who received a sentencing that did not involve incarceration can expect a wait time of three years.
• Felonies: Felonies will seal eight years after an individual’s release from prison.

However, a last-minute deal has carved exceptions into the Act. For example, Class A-I felonies will not qualify for automatic sealing. This category includes severe offenses like murder, first-degree arson, and kidnapping. It also will not seal convictions requiring an individual to register as a sex offender.

Employers Barred From Considering Sealed Records

The Clean Slate Act would also amend the New York State Human Rights law. The change would prohibit employers from inquiring about or discriminating against an individual with automatically sealed records. However, the law also provides some exceptions to this rule. Conditions that allow access to the sealed information include the following:

• When state or federal law requires the entity to perform a fingerprint-based background check;
• When authorized to perform a fingerprint-based background check on an applicant who would work with a vulnerable population, including children or older adults;
• As part of a criminal case or by law enforcement in the performance of an investigation; or
• By licensing officers to process applications for a firearm license

Employers in New York should prepare for the Clean Slate Act to become law. One way to prepare is by reviewing their policies regarding criminal records in the hiring, promotion, and continual employment processes. The best way to get started is by partnering with a trustworthy background check company. The right partner will ensure compliance while delivering accurate and timely reports.

Looking to easily verify your employment qualifications? Talk to a sales representative today about switching to JDP background checks.

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