New York Clean Slate Act Will Automatically Seal Criminal Records

What Changed

On November 16, 2023, Governor Hochul signed the Clean Slate Act (Senate Bill S7551A), creating a process for the automatic sealing of certain criminal conviction records in New York. Once records are sealed, employers are prohibited from inquiring about or taking adverse employment action based on those sealed records.

The sealing timeline:

• Misdemeanor convictions: Sealed 3 years after sentencing (or after release from incarceration, if applicable)

• Felony convictions: Sealed 8 years after release from incarceration

Exceptions: Class A-1 felonies (the most serious offenses) and convictions requiring sex offender registration are not eligible for sealing.

The Act also amends the New York Human Rights Law to make it an unlawful discriminatory practice for employers to inquire about or use sealed convictions against applicants or employees.

Who Is Affected

All New York employers who conduct background checks or consider criminal history in hiring or employment decisions. This law will affect how background check reports are structured and what information employers can access. Certain employers who are required by law to conduct fingerprint-based background checks (such as those working with children, the elderly, or vulnerable populations) will retain access to records that would otherwise be sealed.

Where It Applies

New York statewide.

When It Takes Effect

November 16, 2024 — one year after signing. Employers have a full year to prepare, but should begin planning now.

Why It Matters

The Clean Slate Act represents a major shift in how criminal history is treated in New York employment. Once sealed, conviction records will not appear in standard background checks, and employers who ask about sealed records or use them in employment decisions face liability under the Human Rights Law.

Importantly, the Act also provides employer protections: employers will be shielded from negligent hiring claims based on sealed convictions, and sealed convictions cannot be introduced as evidence of negligence.

The Humareso Take

This is a forward-looking law, but the November 2024 effective date will arrive faster than you think. If your hiring process includes criminal background checks, you need to start planning for how sealed records will change your screening results and decision-making process. The good news is the negligent hiring protection — that is a meaningful shield. We recommend using this year to review your background check policies, update your hiring workflows, and train your HR team on what they can and cannot ask going forward.

Recommended Action Steps

1. Review your background check policies and practices to ensure they can accommodate records that will be automatically sealed under the Clean Slate Act.

2. Update hiring manager training to reflect the prohibition on inquiring about sealed records and the consequences for violations.

3. Coordinate with your background check vendor to understand how sealed records will be handled in screening reports.

4. Revise application forms to remove questions that could implicate sealed records once the law takes effect.

5. Document your compliance preparations to demonstrate good faith if questions arise during the transition period.

6. Contact your Humareso representative for assistance updating your hiring and background check policies ahead of the November 2024 effective date.