Not All Attorneys Are Created Equal. We Explore All Potential Solutions To Get You The Best Possible Outcome.

What does the new Clean Slate Act do for convictions?

On Behalf of | Apr 25, 2025 | Criminal Justice |

The Clean Slate Act was signed in November 2023, but it did not begin until Nov. 16, 2024. It automatically seals millions of old state criminal convictions. Lawmakers designed the statute to help people move past mistakes that would otherwise block jobs or housing.

Eligibility and waiting periods

Misdemeanors are now automatically sealed three years after a person completes the sentence, including probation or jail time. And, most felonies automatically seal eight years after release.

During those waiting periods, the individual must remain conviction-free. The law excludes sex offenses, Class A felonies, murder and terrorism charges, which is explained in New York Criminal Procedures Law, Section 160.59. Active criminal cases or ongoing supervision also bar sealing.

What “sealed” means in practice

Once sealed, a conviction no longer appears in routine commercial background checks. Employers, landlords and most licensing agencies cannot consider it. Critical records remain viewable to law enforcement and courts conducting criminal investigations or prosecutions. Employers in sensitive fields, such as schools or law enforcement, who must run fingerprint-based checks may also still have access to these records.

Balancing reentry and safety

Supporters, including many justice-reform groups, argue automatic sealing improves community stability and economic mobility. Studies cited by the American Bar Association link record relief to higher employment rates. Critics fear automatic sealing removes judicial discretion, which is why some states require petitions instead of automatic sealing.

New York’s Clean Slate Act offers a fresh start for eligible residents while keeping serious crimes visible to authorities. Understanding the scope of automatic sealing helps individuals navigate background checks in this new era of record relief. However, those currently fighting the criminal justice system should not look to this automatic sealing as their only option to avoid having a criminal record as there are other options, like diversionary programs.

Recent Posts
Archives

Archives

Categories