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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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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