New York's Clean Slate Act Goes Into Effect – What Employers Should Know About Background Checks
Act creates new rules regarding criminal background checks The New York State Clean Slate Act (the "Act") went into effect Saturday, November 16, 2024, bringing with it new obligations for New York employers who rely on criminal background checks. Under the Act, certain criminal convictions will be automatically sealed after specified periods of time. In light of these changes, employers must be particularly mindful of the criminal history information being considered in connection with hiring or an employees' continued employment. Employer Obligations Under the Act Employers must comply with more stringent notice obligations under the Act. While employers were already required to provide a copy of Article 23-A of the New York Correction Law as part of the background check process, they must now also provide a copy of the criminal history information they receive to applicants and employees, and notify applicants and employees of "their right to seek correction ...