New York State’s Clean Slate Act is a landmark piece of legislation aimed at giving individuals with past criminal convictions a fresh start. By automatically sealing certain convictions after a designated period, the law seeks to remove barriers to employment, housing, and other opportunities for individuals who have served their time and maintained a clean record.

How the Clean Slate Act Works

Under this law, eligible criminal records will be automatically sealed after:

• Three years following a conviction or release from jail for a misdemeanor

• Eight years following a conviction or release from prison for a felony

To qualify, individuals must have no pending criminal charges, must have completed their sentence, and must no longer be on probation or parole.

However, not all convictions are eligible for sealing. Certain offenses are excluded to protect public safety, and sealed records will still be accessible for specific legal and security purposes.

Implementation Timeline

Although the Clean Slate Act officially took effect on November 16, 2024, the Office of Court Administration (OCA) has until November 16, 2027, to fully implement the changes. Until that time, the Division of Criminal Justice Services (DCJS) will continue to provide criminal history records that include convictions that will eventually be sealed under this law.

Who Is Affected?

The Clean Slate Act primarily impacts individuals with criminal history records who meet the eligibility requirements for automatic sealing. However, it also has implications for employers, licensing agencies, and law enforcement.

• Employers & Licensing Agencies: Certain employers and agencies that conduct fingerprint-based background checks as required by law will still have access to sealed records.

• Law Enforcement: Police departments, sheriff’s offices, and other criminal justice entities will still be able to view sealed records.

What This Means for Civil Service Agencies

At this time, no immediate action is required by civil service agencies. However, it is important for human resource professionals, appointing authorities, and other relevant staff members to be aware of these changes, particularly regarding hiring and background checks.

Where to Find More Information

For additional details, visit the following resources:

• New York State Office of Court Administration (OCA): Criminal Record Sealing Information

• Division of Criminal Justice Services (DCJS): Record Review Process

• DCJS FAQ on Criminal History Records: FAQ Document

• Clean Slate Act FAQ: Clean Slate NY

Key Takeaways

• The Clean Slate Act automatically seals eligible convictions after a waiting period.

• Not all offenses are eligible for sealing.

• Employers requiring fingerprint-based background checks may still access sealed records when legally permitted.

• Full implementation is expected by November 16, 2027.

It’s essential for agencies, employers, and individuals to stay informed about these changes and understand how they may impact hiring practices and background checks. It is encouraged for this information with staff members and appointing authorities who may be affected.

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