Request a call Login

Embracing Second Chances – New York’s Ban On Factoring Sealed Convictions Into Hiring Choices

In an unprecedented move, the New York Legislature has ushered in a groundbreaking era with the passage of the highly anticipated Clean Slate Act. Awaiting the final stamp of approval from Governor Kathy Hochul, this transformative legislation aims to enhance the employment prospects of individuals with prior criminal histories, provided they have maintained a clean record in recent years.

Once Governor Hochul signs this bill into law, the records of certain convictions will be automatically sealed after specific timeframes. This approach not only grants a fresh start to deserving individuals but also opens up a world of new employment avenues.

Understanding The Act

Let’s start with the basics. What does sealing a record mean? Sealing removes a person’s criminal record from public view though it can still be accessed through a court order.

Once the act goes into effect, it would immediately seal the records of criminal convictions under state law as follows:

  • Misdemeanors: If there was no sentence of incarceration, these offenses would be sealed three years from the individual’s release from prison or the imposition of a non-custodial sentence. 
  • Felonies: Eight years following the individual’s release from prison, the records of these more serious offenses will be sealed. 

It’s important to note that Class A-I felonies, which encompass crimes such as aggravated murder, terrorism, and certain sexual offenses, are not eligible for sealing. These exceptions ensure public safety while providing redemption for less severe offenses.

Sealing records will become an automatic process, sparing individuals from navigating complex legal procedures. However, it’s crucial to highlight that automatic sealing will not occur if the convicted individual has pending criminal charges, is on probation, or remains under parole supervision when the stipulated time period elapses.

Additional Actions That Come With The Act

The Clean Slate Act goes above and beyond by extending its protective shield against discrimination. Employers will be prohibited from inquiring about sealed conviction records or discriminating against candidates or employees based on such records. This monumental amendment to the New York State Human Rights Law paves the way for a fairer and more inclusive job market, where individuals can be considered based on their present merits rather than past transgressions.

While the sealed records will largely remain confidential, exceptions do exist in certain circumstances. For instance, entities mandated by state or federal law to conduct fingerprint-based background checks will still have access to these records. Similarly, organizations involved in child protection, elderly care, or working with vulnerable adults will be authorized to examine sealed records for the safety of those they serve.

In addition, law enforcement officers conducting investigations and licensing officers processing firearm license applications may also access these records as necessary. It’s essential to recognize that the Clean Slate Act exclusively pertains to convictions under New York’s penal law and does not extend to federal or out-of-state criminal convictions.

What This Means For Small Business Owners

As a small business owner, the Clean Slate Act will empower you to consider candidates on their current qualifications and abilities, unburdened by the weight of past mistakes. By participating in this transformative movement, you can contribute to a society that values compassion, rehabilitation, and growth.

While we await the final decision, you must prepare your business to ensure you remain compliant with all rules and regulations. Have you considered partnering with a professional employer organization (PEO)? A PEO like Group Management Services (GMS) can serve as a guiding hand through this transition. Our experts provide crucial compliance guidance, ensuring businesses adhere to the act’s regulations and develop non-discriminatory hiring practices. In addition, we can help you establish fair screening processes, help with HR support and training, and ensure accurate recordkeeping and compliance audits.

By partnering with GMS, you can confidently navigate the complexities of the Clean Slate Act. Contact us today to learn how we can streamline your business operations while ensuring you remain compliant with evolving laws and regulations.