New York Clean Slate Implementation
October 31st, 2024 | Sterling
One year ago on November 16, 2023, New York Governor Kathy Hochul signed Assembly Bill 1029C (A1029C) amending existing state law as it relates to the automatic sealing of certain criminal conviction records. The new law makes New York one of 12 states to join the “Clean Slate” movement which aims to automatically remove qualifying criminal conviction records from public record repositories. The law becomes effective November 16, 2024.
Qualifying Records
The new law automatically seals certain traffic infractions or crimes after a specific period has passed related to each type of record:
- Certain convictions of the vehicle and traffic law will be sealed after three years.
- Misdemeanor convictions, if at least three years have passed since the defendant’s release from incarceration or the imposition of sentence if there was no sentence of incarceration.
- Felony convictions, if at least eight years have passed from the defendant’s release from incarceration or the imposition of sentence if there was no sentence of incarceration.
The new law also provides for certain conditions to be met for a conviction record to quality for automatic sealing.
Implementation
The law states that the Office of Court Administration shall implement processes to ensure the sealing of convictions is complete no later than three years from the start of the effective date.
Take-Aways
Employers who expect to see certain traffic infractions, misdemeanor and felony convictions in their background reports should expect to see a decrease in these types of records over the course of the next three years. Employers should consider reviewing and updating their background screening policies and practices that may consider these types of records. Employers should also consider the impacts other clean slate laws have on certain types of criminal records that may no longer be available for consideration.
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