NY’s “Clean Slate Act” Goes into Effect November 16, 2024
PLEASE NOTE: Our office has received a number of calls regarding the Clean Slate Act. As explained in this blog, our office cannot assist you with requesting to have your records sealed until November 16, 2027.
As previously discussed in our blog, New York has passed the Clean Slate Act. The new law takes effect this Saturday, November 16, 2024. Under the Act, certain criminal convictions will be automatic sealed for civil background purposes after a statutory waiting period.
How Sealing Will Roll Out Under the Clean Slate Act
While the Clean Slate Act takes effect on November 16, 2024, the courts have three years from that date (until November 16, 2027) to seal all eligible convictions. This means that sealing is a work in progress and you may have to wait until November 16, 2027, to have your record sealed if you’re eligible.
Once the three-year period passes, if you believe your record should have been sealed but wasn’t, the courts will allow you to ask for a review to determine eligibility for sealing. After submitting a form seeking review, the court will do a manual review of your records to see if sealing is available to you. This form is not yet available, but it will be prior to November 16, 2027.
You can request a copy of your criminal history to see if your records have been sealed. To do this, visit the NYS Division of Criminal Justice’s website for information.
How the Clean Slate Act Works
Under Criminal Procedure Law § 160.57, the Clean Slate Act will automatically seal an individual’s New York criminal records, with some exceptions, if they’ve remained conviction-free for a certain period of time. Sealing means that conviction records will not be available for most civil purposes. Note, however, it is not an expungement – the conviction still exists.
After three (3) years misdemeanors will be sealed, and after eight (8) years most felonies will be sealed. In calculating when the clock starts, time starts counting from either the date an individual is released from incarceration, or the date of sentence (if there was no sentence of incarceration). The clock re-starts if the individual is convicted again of another offense. In that case, the waiting period is reset to the most recent conviction.
To be eligible for sealing under the Act, the individual cannot be serving a term of probation or parole supervision. Additionally, they cannot have current criminal charges pending in the state.
What Won’t Get Sealed, and Who Can See Sealed Records
While most felonies are eligible for sealing, certain felonies are not. This includes sex crimes, sexually violent offenses, and class “A” felonies (excluding drug-related felonies). Additionally, the Clean Slate Act only applies to convictions under New York state law – it will not seal convictions from other states or from the federal system.
Note that sealed convictions can still be accessed by courts, by law enforcement and prosecutors, during the hiring of law enforcement and peace officers, for gun licensing, and for certain government-regulated jobs. Additionally, the NYS Department of Motor Vehicles is not required under the Act to seal records for driving-related convictions. Moreover, individuals who are addressing immigration issues will still need to disclose convictions to USCIS.
Unfortunately, the Act has no impact on a potential employer’s ability to inquire into someone’s criminal history. As such, the question of whether you have a criminal record can still appear on a job application. Note, however, in NYC that the Fair Chance Act holds that employers there can’t ask about criminal history until after a job offer has been made.
References:
- New York Courts, New York State’s Clean Slate Act. Available at: https://www.nycourts.gov/FORMS/criminal-record-sealing.shtml (last accessed Nov. 13, 2024).
- New York State Assembly, Clean Slate Act. Available at: https://nyassembly.gov/cleanslate/ (last accessed Nov. 13, 2024).
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