Michael Sciotti, partner, was featured in the Central New York Business Journal article “New York’s Clean Slate Act Takes Effect This Fall.” New York’s Clean Slate Act, which went into effect on November 16, 2024, aims to automatically seal many criminal convictions after a specified waiting period—three years for misdemeanors and eight years for felonies, provided individuals have completed their sentences and have no new criminal cases during that time. Regarding what those with convictions must disclose on job applications, Michael said, “It doesn’t change what an employer can ask, it changes what the applicant’s answer is. You go from employers know the background of their applicants to an employer not knowing they hired a convicted felon.”
However, the law excludes certain convictions, such as sex offenses, class A felonies, and out-of-state or federal convictions. Sealed records will generally not appear in civil background checks, providing individuals a better chance to secure employment, housing, or education opportunities without being judged on past mistakes. “It sort of takes these criminal records out of the equation,” said Michael.
The act does not entirely erase criminal records. Sealed records remain accessible for law enforcement, prosecutors, and certain employers requiring fingerprint-based background checks, like those working with children, vulnerable adults, or in transportation. Additionally, these records can still influence decisions in specific contexts, such as firearm licensing or future legal proceedings. The law mandates the sealing of all eligible records by November 2027, with a phased approach over three years.
Even though the basic hiring process won’t change, employers should consider adapting their hiring practices to ensure they ask consistent questions across all applicants and avoid acting on unsolicited disclosures of sealed convictions. Michael recommended refining interview procedures and documenting decisions to prevent inadvertent discrimination.
Ultimately, the Clean Slate Act strives to balance second chances for rehabilitated individuals with maintaining safety and compliance in sensitive roles. Michael said, “If a person deserves a second shot, then give it to them.”
Central New York Business Journal subscribers can read the full article here.