The Requirements of Employers
In 2024, the New York state legislature enacted the “Clean Slate Act,” imposing restrictions on employers’ use of criminal background checks in hiring or as a condition of continued employment. What are the basic obligations of employers under the new law? What types of charges or convictions are eligible to be sealed under the act? Are any employers exempt from its provisions?
An Overview of the Clean Slate Act
The new law creates new and more stringent requirements for employers who use criminal background checks in employment and hiring. In the past, employers had to provide applicants and employees with a copy of Article 23-A of the New York Correction Law whenever they conducted a background check on a job applicant or employee. Employers must now give a copy of the background check and any information obtained to the applicant/employee. Furthermore, they must affirmatively notify applicants and employees of their right to pursue correction of any false or erroneous information. Before enactment of the Clean Slate Act, employers were only required to provide notice if the background check resulted in an adverse employment decision. The notice must now be provided any time a background check is conducted.
Importantly, the law also bans access by employers to any sealed criminal records. Most misdemeanors can be sealed in New York after three years of release from incarceration and felonies can be sealed after eight years. Some drug and sex offenses may not, however, be sealed.
Are Any Employers Exempt from the Clean Slate Act?
The new law applies to the vast majority of employers in New York. If, however, an employed is mandated by law to perform a fingerprint-based background check, the employer may still have access to some sealed records. That typically includes employers whose business involves working with or providing services to children, senior citizens or other at-risk or vulnerable constituencies.
Let Stephen Hans & Associates Handle Your Employment Law Concerns
At Stephen Hans & Associates, our attorneys are glad to answer your questions and provide legal advice. Years of experience have provided us with extensive knowledge regarding employment law. We have successfully represented many employers throughout the greater New York City area in litigation involving workplace disputes. Our offices are conveniently located in Long Island City with easy access from Manhattan.