Understanding the Clean Slate Act in New York

The Clean Slate Act in New York is a law designed to give people with certain criminal convictions a fresh start by automatically sealing their records after a specific period of time. This means those records won’t be visible to most employers, landlords, and the public, making it easier for individuals to find jobs, housing, and other opportunities.

Here’s a breakdown of the process and key aspects of the law:

1. Eligibility:

• Types of convictions: Only certain convictions are eligible for sealing. Generally, these include misdemeanors and some felonies.
• Waiting period: You need to have completed your sentence and remained crime-free for a certain period:
• Misdemeanors: 3 years after release from custody or sentence completion.
• Felonies: 8 years after release from custody or sentence completion.
• Ineligible offenses: Some convictions are never eligible for sealing, including:
• Class A felonies (e.g., murder)
• Sex offenses requiring registration
• Convictions with a life sentence

2. Automatic Sealing:

• If you meet the criteria, your records will be automatically sealed by the Division of Criminal Justice Services (DCJS). You don’t need to apply.
• Sealing will begin on November 16, 2024, one year after the law was signed.
• DCJS will notify you when your records have been sealed.

3. What “Sealed” Means:

• Limited access: Sealed records are not accessible to most employers, landlords, and the public.
• Exceptions: Certain entities can still access sealed records, including:
• Law enforcement agencies
• Courts
• Licensing agencies for certain professions (e.g., healthcare, education)
• Disclosure: You are not required to disclose sealed convictions on most applications, but you must still be truthful if directly asked.

4. Benefits:

• Increased employment opportunities: Employers will have less access to your criminal history, reducing barriers to getting hired.
• Improved housing options: Landlords will generally not see sealed convictions, making it easier to find housing.
• Reduced stigma: Sealing your record can help you move forward without the constant reminder of past mistakes.

Important Notes:

• The Clean Slate Act does not erase your record completely. It simply hides it from most people.
• The law is still new, so there may be some implementation challenges and evolving interpretations.