New York has joined the growing number of states that have enacted “clean slate” legislation that will automatically seal certain criminal records. The new law will require employers to review any hiring processes related to an applicant’s criminal history. The Clean Slate Act will go into effect Nov. 16, 2024, one year from the signing date.
New York Clean Slate Act Will Seal Certain Old Criminal Records, Affecting Employers’ Hiring Processes
Jackson Lewis | Nov 2023
Effective date: 11/16/24
Text of the measure.
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It is unclear whether records that are sealed will be removed from public access in New York. New York employers should consider reviewing their onboarding and background check policies and practices to take any necessary steps toward compliance in advance of the Clean Slate Act’s effective date.
New York State Enacts Legislation Sealing Criminal Records
Seyfarth | Dec 2023
Employers will have greater notice obligations during the background check process, including providing an individual with a copy of the individual’s criminal history and notice of the right to correct errors in the criminal history information, as part of the existing Article 23-A letter.
New York State’s Clean Slate Act: 5 Things for Employers to Know
Ogletree | Dec 2023
The Act will have a significant impact on employers who conduct pre-employment criminal background screenings. Although those screenings are still permitted, they may exclude information regarding an applicant’s past criminal convictions, including convictions that have a direct relationship to the work performed. Convictions for the most serious offenses, recent convictions, and convictions for which the applicant is still on probation or parole will still appear.
How does New York’s Clean Slate Act affect employers?
Nixon Peabody | Nov 2023
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