NYS Legislature Passes the Clean Slate Act
The New York State Legislature has passed a bill that, if signed by Governor Hochul, would automatically seal certain criminal records after designated time periods have elapsed for those meeting eligibility requirements. The legislation would take effect one year after signing.
The legislation, if enacted, would provide for the automatic sealing of misdemeanor offenses after three years and the sealing of felony offenses after eight years, with the exception of Class A felonies such as murder and predatory sexual assault. Additionally, among other carveouts, a prior conviction would not be eligible for automatic sealing if the individual has another criminal charge pending, or if they are on probation or parole.
If signed, the bill would also amend the New York State Human Rights Law to prohibit employers from inquiring about, or making any adverse employment decisions on the basis of, a conviction that was automatically sealed under the new law. Notably, New York State law already prohibits adverse employment actions based on an individual’s prior convictions unless the employer, after considering specific factors, has determined that there’s a direct relationship between the conviction and the position sought, or the conviction history creates an unreasonable risk to people or property. The pending legislation does not alter these requirements.
We will continue to monitor the status of the pending bill. Employers with questions about the pending legislation or best practices with respect to background checks should contact Kate Townley at ktownley@fglawllc.com or any other attorney at the Firm.
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