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 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’s Governor Kathy Hochul has signed legislation to increase background check requirements for counselors at youth camps. This new law eliminates conflicting requirements under existing state law. In addition, it requires them to check the national sex offender registry regardless of how they are classified.

Governor Hocul said, “Keeping our children safe is a top priority for me as Governor of New York.” She also claimed to be “proud to sign this legislation into law to ensure that every child who attends camps throughout New York State is protected from predators. With this new law, we will help bring camp operators and families greater peace of mind that our kids are in safe hands.”

Past Resolution Attempts

Previous legislation has attempted to solve this issue as well. For example, the law required camps to run new employees and volunteers through the National Crime Information Center database. However, the law contained a significant deficiency. In particular, state law would only permit law enforcement officers and the state Division of Criminal Justice Services to access any of the database’s files.

Under this new law, the New York State Department of Health must require non-regulated and single-purpose day camps to conduct a national sex offender registry search. They must use the United States Department of Justice’s publicly accessible database. The new law would ensure protection from predators for children attending camps in New York State.

How It Works

Camps will use the National Sex Offender website created in 2005. This website would link the registries that states keep into a national site for easy search. People using the site can search for a specific person by entering a name, address, zip code, city, town, or county.

After identifying an individual, the information provided on the registry will depend on the individual’s level of risk. The risk levels range from 1 to 3. Individuals with a level 2 or 3 risk of repeat offenses must appear on the registry. State law requires the New York State Division of Criminal Justice Services to include this information.

As this new legislation recognizes, background checks are a critical factor in making employment decisions. This point is particularly true for those working with vulnerable populations. However, employers in every industry should ensure they work with an experienced and trusted employment screening provider. The right partners can help employers understand the screening process. They also provide accurate and timely reports so that employers can make an educated employment decision.

Discover the benefits of JDP’s seamless background checks for your business. Speak with a sales representative today.

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