Questions and Answers
1. What is the Clean Slate Act?
The Clean Slate Act is a New York State law designed to help individuals with past criminal records move forward by sealing certain convictions. It aims to reduce barriers to employment, housing, and other opportunities by limiting public access to criminal records after a specific waiting period.
2. Who qualifies for record sealing under the Clean Slate Act?
You may qualify if you:
- Have completed all terms of your sentence, including incarceration, probation, and parole
- Have no criminal charges pending in New York State
3. What is the waiting period for record sealing?
For the record to be sealed, a specific amount of time has to pass. The waiting period for sealing a record depends on the type of conviction:
- Misdemeanors: Eligible for sealing three years after sentencing or release from incarceration, whichever is later.
- Felonies: Eligible for sealing eight years after sentencing or release from incarceration, whichever is later.
If a person is convicted of another misdemeanor or felony before the original record is sealed, the waiting period starts over.
4. What types of convictions cannot be sealed?
The following convictions cannot be sealed:
- Sex crimes and sexually violent offenses
- Class A felonies (except drug-related convictions)
Drug-related convictions will be sealed, even if they are categorized as class A felonies.
5. How does record sealing work?
Sealing under the Clean Slate Act is automatic for eligible convictions. You do not need to file a petition, but it is important to ensure all sentence requirements are completed and no disqualifying offenses are on your record.
6. When will my record be sealed?
The New York courts have until November 16, 2027, to seal all eligible convictions entered before November 16, 2024 (the day the Clean Slate Act went into effect).
7. How can I tell if my record has been sealed?
Visit the NYS Division of Criminal Justice’s website for information about how to request your criminal history: https://www.criminaljustice.ny.gov/ojis/recordreview.htm
Individuals or their lawyers may ask for a review of their convictions if they think they should have been sealed but were not. A form to request this review will be available on the NY Unified Court System website no later than November 16, 2027: https://www.nycourts.gov/
8. Does the Clean Slate Act apply to convictions outside of New York State?
The law applies only to criminal convictions under New York state law. The law does not apply to federal crimes or convictions in other states.
9. What if I have an eligible conviction and an ineligible conviction?
If an individual has both an eligible conviction and an ineligible conviction, the eligible conviction may still be sealed.
10. Can employers see my sealed records?
In most cases, sealed records are not visible to employers. However, sealed convictions can still be accessed:
- By law enforcement agencies
- When applying for a law enforcement job or a gun license
- When applying for certain government-regulated jobs that require finger-printing such as working with children, the elderly or vulnerable adults
11. What other legal protections exist for job seekers with criminal records in New York?
New York offers additional protections, including:
- Human Rights Law Protections: The New York State Human Rights Law considers it unlawful to deny someone employment based solely on a criminal record.
- Article 23-A of the New York Correction Law: This law prohibits employers from unfairly discriminating against job applicants with criminal records. Employers must consider certain factors before making a decision, such as:
- The specific duties of the job and how the conviction relates to them
- The time that has passed since the conviction or completion of the sentence
- Evidence of rehabilitation and good conduct
- Ban-the-Box Laws: Employers in certain cities and towns in New York state cannot ask about criminal history on initial job applications. For example, in New York City, questions about criminal records can only be asked after a conditional job offer is made. This law gives applicants a fair chance to showcase their qualifications before their criminal history is considered. However, not every city/town has Ban-the-Box laws, so job seekers should research their local regulations to understand their rights.
- Sealed Record Protections: Under New York law, employers are prohibited from asking about or discriminating against you based on sealed criminal records. They cannot ask questions like, “Have you ever had a conviction sealed?” or take adverse action if they find out your record has been sealed. If your criminal record is sealed, you can legally answer no when asked about it.
12. Do employers need to explain why they denied me a job because of my record?
Yes. If an employer denies you a job based on your criminal record, you have the right to request an explanation. They are required to provide a written statement outlining their reasons within 30 days of your request.
13. Can I file a complaint if I face discrimination because of my criminal record?
Yes. You can file a complaint with the New York State Division of Human Rights or contact an attorney specializing in employment law. Visit New York State Division of Human Rights: https://dhr.ny.gov/ for more information.
14. What resources are available to help me with record sealing or understanding my rights?
- Legal Aid Society: Offers free legal assistance for record sealing and employment rights.
- Community Organizations: Groups like the Fortune Society and Center for Employment Opportunities (CEO) provide reentry services.
- New York State Department of Labor: Offers resources for job seekers with criminal records.
15. What are some tips for job seekers with criminal records?
- Be prepared to discuss your record if asked after a job offer, , but keep in mind that not all cities have Ban-the-Box laws, so questions may come earlier in some places
- Focus on your skills, experience, and rehabilitation
- Know your rights under New York’s employment laws
For more information, visit New York State Division of Human Rights: https://dhr.ny.gov/ or consult with a legal professional.
