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.

Expected Impact

The Clean Slate Act is poised to make a profound impact on millions of New Yorkers.

Economically, the legislation is projected to inject $12.6 billion annually into the state's economy, signaling a substantial positive ripple effect.

Governor Kathy Hochul commented on the bill, saying “I negotiated a compromise that protects public safety and boosts economic opportunity, and the final Clean Slate Law will help New Yorkers access jobs and housing while allowing police, prosecutors and school officials to protect their communities. And as our state faces a worker shortage, with more than 450,000 job openings right now, this new law will help businesses find more workers who will help them grow, expand and thrive."

New York's adoption of Clean Slate legislation places it among the twelve states that have already signed Clean Slate into law.

Studies from other states have demonstrated economic opportunities, like a reduction in recidivism and an increase in employment for individuals with criminal records.

However, the Clean Slate Act is not immune to controversy. Critics argue that Clean Slate laws may reduce public safety by making it easier for individuals with sealed records to evade justice, potentially increasing the risk of crime. 

For employers relying on background checks to screen job applicants, there's an increased risk of hiring individuals with undisclosed criminal records if those records are sealed.

It’s smart to start preparing your eligibility criteria for sealed records now. Without obtaining all available applicant information, hiring teams are going to struggle to make informed decisions.

Trying to rush a hiring decision comes with its own set of complications too. There will be additional pressure put on hiring teams, but it’s crucial to obtain all available information before making a decision.

Hiring too quickly may expose businesses to liability if these individuals engage in criminal activities during their employment.

Proactive Approach

Navigating the changes requires a proactive approach from employers. Staying informed about the evolving landscape of criminal justice reform and related legislation is paramount.

Regularly updating internal policies and procedures to align with these changes is crucial for compliance, and reducing legal liabilities.

Employers should establish open lines of communication with their compliance team to ensure a deep understanding of the legal nuances and implications of the Clean Slate Act.

In addition, partnering with a reputable background investigation provider can be a strategic move for employers. Providers specialize in navigating complex legal frameworks, ensuring that employers receive accurate and up-to-date information about job applicants. 

They can help streamline the background check process, which is especially vital given the increased turnaround time anticipated. By outsourcing this aspect of the hiring process, employers can mitigate the risk of hiring individuals with undisclosed criminal records, reducing potential legal liabilities.

Moving Forward

The Clean Slate Act in New York represents a groundbreaking step towards criminal justice reform, offering second chances to individuals with non-violent criminal convictions.

While the legislation is poised to make a significant positive impact on the state's economy and employment opportunities, it brings complexities to the forefront of background investigations for employers.

The careful consideration of the Clean Slate Act's provisions, its economic implications, and the potential risks associated with hiring individuals with sealed records is crucial.

When you have questions or need assistance in adapting your hiring practices to align with the Clean Slate Act, please contact us.

We are here to help you make informed and compliant decisions in this evolving landscape of criminal justice reform.