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A Clean Slate law is now active in New York, which means employers there should be aware that numerous residents will have various criminal records sealed.

About New York’s Clean Slate Law

New York’s Bill A01029C is intended to seal certain convictions for individuals who meet a specific set of criteria. The law calls for the automatic sealing of traffic infractions, misdemeanors and some felonies. To qualify, the following must apply:

• For misdemeanors, at least 3 years must have passed since the person was released, or from the imposition of the sentence if the individual was never incarcerated. If the person had any subsequent convictions, then that timing applies for the most recent offense.
• For felonies, the wait time becomes 8 years.

Some Records Do Not Qualify

Not every type of record can be automatically sealed. Examples include:

• Sexual offenses.
• Violent offenses.
• Most Class A felonies.

In some cases, New York residents who have ineligible records may file a petition to have them sealed following a specified period (depending on the offense). However, not every type of record can be sealed.

Why The Bill Was Created

A01029C was created to help people with lower level convictions find employment, housing and other opportunities. Various studies have shown that having any type of criminal record can make it difficult for individuals when they are attempting to re-enter society. By passing second chance laws, legislators hope to help their constituents get fresh starts and employers find larger pools of qualified applicants.

The bill also created protections for businesses that hire anyone who had a record sealed. For example, if a company brings on somebody who formerly had a conviction on their public record, the law prohibits “potential litigants from introducing the sealed convictions as evidence of negligence against the employer because the employer had no knowledge of such convictions.”

What Employers Should Know

Employers in New York should be aware of A01029C and understand that once records are sealed or expunged, they should be treated as if they never existed. Unless they are required to do so by law, organizations may not consider them when hiring, promoting or making other employment decisions.

To help hiring managers from inadvertently reviewing these records, employers can opt to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). Before becoming accredited, CRAs must undergo a third-party audit and demonstrate that they follow reasonable procedures to help ensure the consumer reports they provide only contain current, accurate and reportable records.

Running Background Checks

Second Chance laws are in place throughout the country, but employers everywhere are still strongly encouraged to run comprehensive background checks when bringing on employees, contractors and volunteers. These reports provide a wealth of information that help businesses make informed decisions, maintain safe working environments and conduct due diligence.

If your organization is in need of employment background checks, please contact us. Our highly experienced team can help you customize screening packages that are tailored to any position and that comply with relevant laws as well as industry regulations. We’re available to assist you Monday through Friday from 5am to 6pm PT.