Workers in New York Now Protected by Clean Slate Act
New Statute Limits Employers Use of Criminal Background Checks | Requires Notification
Employers in New York have long used criminal background checks when evaluating job applicants and even as a condition of continued employment for current workers. In November, 2024, a new law, known as the “Clean Slate Act,” went into effect in New York, limiting employer access to certain records and imposing stricter notification and disclosure requirements upon employers.
How Does the Clean Slate Act Help Workers?
First and foremost, the new statute prohibits the use by employers of any sealed criminal record. In fact, employers may not have access to either misdemeanor or felony records that have been sealed, unless the employer is required by law to conduct a fingerprint-based background check, common when employees are working with or around children, the elderly or other at-risk populations.
In addition, when an employer has a background check done on an applicant or employee, the employer must provide the applicant/employee with a copy of any information obtained. Furthermore, the employer must give express notice to the person of his or her right to question or correct any false or incorrect information in the report. Before enactment of the new law, an employer only had to advise an applicant or employee that a background check had been used if it resulted in an adverse employment action. That notice must now be provided any time a background check is conducted.
We Can Help Protect Your Rights as an Employee
At the Romero Law Group, PLLC, we handle a wide range of legal issues for employees in Nassau and Suffolk Counties; in Brooklyn, Queens, Manhattan and the Bronx; in Westchester; and across Northern New Jersey. We offer a free initial consultation to any employee with a potential employment law dispute. To schedule an appointment, contact our offices online or call us at (631)257-5588.