It has been around one year since New York’s Clean Slate Act officially took effect on November 16, 2024. This law allows the Unified Court System to automatically seal eligible convictions after a specific waiting period. “Sealing” here means hiding the record from the public, including most employers and landlords, rather than permanently destroying it. This can help those with prior convictions pass standard background checks for jobs and housing.
However, some people may notice that their old conviction is still visible on background checks, despite qualifying for automatic sealing. There are several reasons why their record might not be “clean” just yet.
The system is still catching up
The law is active, meaning that if a person qualifies, their record will be sealed. However, the technology may still be lagging. The legislation gave the court system a three-year implementation window, specifically until November 2027, to automate the sealing of millions of records. The update may not appear on background checks instantly as the state works through the backlog.
It’s important to note that a person must remain conviction-free for a specific waiting period to be eligible: three years for misdemeanors or eight years for felonies (barring most Class A felonies and other specific offenses). So, for some people, they may need to wait a little longer until their specific sealing date arrives.
An exception for DWI convictions
For those with past driving while intoxicated (DWI) convictions, the Clean Slate Act offers significant relief, but it is not a total erasure. This means landlords and most corporate employers will not see it once the system updates.
Your DMV driving abstract, on the other hand, is a separate record. Even after the courts seal a person’s criminal file, the conviction remains on their driving record. In New York, DWI convictions typically stay on one’s standard driving abstract for 15 years. This means insurance companies and employers hiring for driving roles, such as trucking or delivery, may still see a person’s history.
What should you do now?
If you are unsure if your specific charge qualifies, or if you are concerned about what is currently visible to employers, professional legal help is available. An attorney can review your history to help you understand exactly where you stand.
