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For millions of people, and not just New Yorkers, a past criminal record has been a life sentence of blocked opportunities, hindering access to jobs, housing, and education. This cycle of perpetual punishment, which has disproportionately harmed Black and Latin communities, has also cost the state economy billions in lost wages. A 2017 law meant to help this problem was a failure, with fewer than 1% of eligible people successfully navigating the process to have their records sealed.
In response, New York State has enacted the landmark New York Clean Slate Act. Effective on November 16, 2024, this law is designed to end the ongoing punishment of a past conviction by automatically sealing records for those who qualify. This article will explain what the Clean Slate Act does, whether you can seal your public record, and how it protects you from discrimination based on your criminal record.
What is the New York Clean Slate Act (2024)?
The Clean Slate Act is a transformative law that automatically seals eligible criminal conviction records after a set period, removing them from public view for most civil purposes, including most employment background checks. Unlike the failed 2017 law, the state is now required to seal records for eligible individuals without them needing to file any existing application.
The law is an economic and racial justice initiative aimed at helping approximately 2.3 million New Yorkers fully re-enter society. By removing the barriers for those who have served their time, the Act aims to strengthen the workforce and reduce repeat offenses.
It is important to understand the implementation timeline. While the law took effect in November 2024, the NYS Office of Court Administration (OCA) has until November 16, 2027, to finish sealing all eligible records that existed before the law passed. During this three-year gap, a record that is legally eligible for sealing might not yet be physically sealed. This can create confusion, making guidance from a New York clean slate lawyer crucial.
Can I Seal My Public Record? Understanding Eligibility
Yes, your criminal record can be automatically sealed if you meet specific criteria. The law establishes waiting periods that begin after you are sentenced or released from incarceration; whichever is later.
The waiting periods are as follows: three years for misdemeanor convictions, and eight years for eligible felony convictions.
Conditions for dockets sealed: To qualify, you must have completed your sentence (including probation or parole) and have no new convictions or pending charges. A new conviction will reset the waiting period for all previous eligible offenses.
This law is different from expungements, where a record is destroyed, and is a process available for a more limited set of offenses.
Certain serious offenses are not eligible for sealing under this Act, including most Class A felonies (like murder), any conviction requiring registration as a sex offender, and out-of-state or federal convictions.
Your Enhanced Rights: Privacy and Protection in the Workplace
The Clean Slate Act creates a powerful shield of personal privacy around your sealed convictions. Once a criminal record is sealed, it is legally off-limits to most employers and background screening agencies.
However, there are exceptions. Employers required by law to conduct fingerprint-based background checks—such as those in childcare, elder care, or working with people with disabilities—will still have the right to access sealed records. Law enforcement hiring is also exempt.
To enforce these rights, the Act requires all employers who run criminal background checks to provide applicants with a copy of the report, notice of their right to correct errors, and a copy of Article 23-A of the NY Correction Law. The law also creates a new private right of action, allowing you to sue any person or entity that knowingly and willfully discloses your sealed conviction without your consent.
When Mistreatment Becomes Illegal
The Clean Slate Act directly strengthens protections against discrimination of one’s criminal record, harassment, and the creation of a hostile work environment. The law amends the New York State Human Rights Law to make it an unlawful discriminatory practice for most employers to make any adverse decision based on a sealed conviction.
This has major implications for workplace harassment claims. A hostile work environment is created when unwelcome conduct is so severe or pervasive that it alters the conditions of one’s employment. If a manager or coworker uses a sealed conviction to harass you, their conduct is based on information they are legally barred from considering. This makes it powerful evidence of discriminatory hostility and can significantly strengthen a claim towards a hostile work environment.
How to Sue for Discrimination: Holding Employers Accountable
If an employer violates your rights under the Clean Slate Act, you have legal options. Knowing how to sue for discrimination starts with taking swift, strategic action.
For claims of criminal record discrimination or harassment, you can file a complaint with a government agency like the New York State Division of Human Rights (NYSDHR) or the New York City Commission on Human Rights (NYCCHR). These agencies have different deadlines and procedures, so consulting an experienced New York clean slate lawyer is critical to determine the best path forward.
From the moment you suspect discrimination, you should document everything. Keep a detailed log of incidents, save all relevant emails and documents, and identify any witnesses. Navigating this process alone can be challenging, but a skilled attorney can help protect your rights and fight for the justice you deserve.
Conclusion: Your Second Chance is Protected
The New York Clean Slate Act is a declaration that a past mistake should not define your future. By automatically sealing eligible convictions, the law provides a genuine second chance, backed by strong rights to privacy and protections against criminal record discrimination.
While the law is powerful, enforcing your rights may require a fight. If you believe an employer has illegally used your sealed criminal record or treated you unfairly because of your past, your rights may have been violated.
Call Us
At Filippatos PLLC, we are both compassionate counselors and fierce advocates, ready to fight for the justice you deserve. You do not have to stand alone. Let our family fight for yours. If you have been a victim of criminal record discrimination, contact Filippatos PLLC today at 888-9-JOBLAW for a confidential consultation.