NEWS / New York enacts clean slate legislation for old criminal records

The State of New York has adopted legislation that will automatically seal certain old criminal records for individuals who have not re-offended. The aim of the law is to make it easier for individuals to find employment, but does not affect access to out-of-state or federal convictions.

Eligible convictions include misdemeanors if over 3 years have passed since the individual’s release or felonies if more than 8 years have passed and the individual does not have any additional criminal charges pending, nor is under the supervision of any probation or parole department. Convictions for Class A felonies, such as murder and domestic terrorism, and convictions requiring registrations as a sexual offender are not eligible for sealing. Law enforcement, courts, prosecutors, firearms licensing officers, and any entity conducting federal or state background checks will still have access to the records in question.

The State of New York will be implementing the sealing process over the next 3 years. Once a criminal record gets sealed, an employer would not have the right to inquire about the conviction, and individuals applying for employment will not be required to disclose it. Local requirements, such as the New York City Fair Chance Act, will also apply to employers. The State of New York has taken the position to encourage employers to hire applicants with prior convictions, provided they do not pose a risk to the employer’s property, staff, and customers.

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