What is New York's Clean Slate Act?

Signed into law on November 16, 2024, the Clean Slate Act automatically seals eligible criminal records after a waiting period: 3 years for misdemeanors and 8 years for felonies, measured from completion of the sentence with no new convictions. Sex offenses are excluded. The Unified Court System has until approximately 2027 to fully implement the automatic sealing process. Once sealed, records will not appear on standard background checks.

Can a New York employer ask about my criminal record on a job application?

In New York City, the Fair Chance Act prohibits employers with 4+ employees from asking about criminal history on applications or during interviews — they must wait until after a conditional offer. Statewide, Article 23-A requires individualized assessment before any denial based on conviction history, though it does not strictly prohibit questions on applications outside NYC. Several other NY localities have their own ban-the-box rules.

Will a dismissed case show up on my background check in New York?

Generally no. Under NY Criminal Procedure Law § 160.50, dismissed cases and acquittals are automatically sealed. Sealed records should not appear on standard employment background checks and cannot be considered by employers. If a dismissed case does appear on your background check, it may be reported in error — you have the right to dispute it.

Can an employer deny me a job because of my conviction in New York?

An employer cannot automatically deny you a job based on your conviction. Under Article 23-A, they must perform an individualized assessment considering factors like the nature of the offense, time elapsed, your rehabilitation, and the duties of the job. If they deny you, they must provide written reasons upon request. You may have grounds for a legal challenge if they fail to follow this process.

When will the Clean Slate Act take effect in New York?

The Clean Slate Act was signed on November 16, 2024, but full implementation will take time. The Unified Court System has a 3-year implementation window (through approximately 2027) to establish the systems and processes for automatic record sealing. Records that meet the eligibility criteria will be sealed on a rolling basis as the system becomes operational.

Does the NYC Fair Chance Act apply to all employers?

The NYC Fair Chance Act applies to employers with 4 or more employees in New York City. It prohibits criminal history inquiries and background checks until after a conditional offer of employment. Certain positions are exempt, including law enforcement, jobs requiring security clearances, and positions where a specific criminal check is mandated by law.

New York Background Check Laws

Mixed / conditional limitsLast updated: 2026-04-01

New York has a technically 7-year lookback for jobs under $25,000/year (effectively meaningless), but Article 23-A requires employers to do individualized assessment before denying anyone based on conviction history. New York's Clean Slate Act (2024) will automatically seal eligible records — misdemeanors after 3 years and felonies after 8 years conviction-free.

Overview

New York has some of the strongest criminal record protections in the country, with multiple layers of law shielding job seekers from unfair discrimination based on past convictions. The state's framework includes Article 23-A of the Correction Law, which requires individualized assessment for all conviction-based employment decisions; the NYC Fair Chance Act for New York City employers; and the landmark Clean Slate Act signed into law in 2024. New York technically has a 7-year lookback limit under NY General Business Law § 380-j, but it only applies to jobs paying $25,000 or less per year — a threshold so low that it is effectively meaningless since minimum wage jobs now exceed this amount. For most practical purposes, convictions can be reported indefinitely. However, the new Clean Slate Act (effective November 16, 2024) will fundamentally change this landscape by automatically sealing eligible conviction records after specified waiting periods. Article 23-A is the backbone of New York's employment protections. It requires every employer in the state to perform an individualized assessment before denying employment based on a conviction, considering factors like the time elapsed, the nature of the offense, and its relevance to the job. If an employer denies you based on your record, they must provide written reasons upon request. Combined with the incoming Clean Slate Act, New York offers some of the most meaningful pathways to a fresh start in the nation.

How Far Back Does a Background Check Go in New York?

Record Type	Rule in New York
Felony Convictions	Felony convictions can be reported indefinitely for most jobs (those paying over $25,000/year). Under the Clean Slate Act, eligible felonies will be auto-sealed after 8 years following completion of sentence with no new convictions.
Misdemeanor Convictions	Misdemeanor convictions can be reported indefinitely for most jobs. Under the Clean Slate Act, eligible misdemeanors will be auto-sealed after 3 years following completion of sentence with no new convictions.
All Convictions	Technically a 7-year limit for jobs paying $25,000 or less (NY Gen. Bus. L. § 380-j), but since virtually all jobs exceed this threshold, convictions can effectively be reported indefinitely. The Clean Slate Act will change this by auto-sealing eligible records.
Arrests (No Conviction)	New York has very strong protections for non-conviction records. Under NY Criminal Procedure Law § 160.50, dismissed cases and acquittals are automatically sealed. Arrests not leading to conviction generally cannot be reported or considered by employers.
Pending Cases	Pending criminal cases may be reported and considered by employers, though Article 23-A protections still apply to the overall hiring decision.
Salary Threshold	$25,000/year — the 7-year reporting limit only applies to jobs paying $25,000 or less. Since this threshold has not been updated in decades, it is effectively meaningless for modern job seekers.

Ban the Box / Fair Chance

Yes — covers private employers

New York has strong ban-the-box protections at both the state and city level. Article 23-A of the Correction Law applies statewide and prohibits employers from denying employment based on conviction history without performing an individualized assessment. In New York City, the Fair Chance Act (NYC Admin. Code § 8-107(11-a)) goes further — it prohibits employers from asking about criminal history or running background checks until after making a conditional offer of employment. The NYC law covers all employers with 4 or more employees. Other jurisdictions like Westchester, Buffalo, Rochester, and Suffolk County have their own local fair chance laws as well.

Effective: 2015

Clean Slate / Auto-Sealing

Yes — automatic sealing

New York's Clean Slate Act was signed into law on November 16, 2024, making New York the most populous state to enact automatic record sealing. The law provides for automatic sealing of eligible conviction records: misdemeanors are sealed 3 years after completion of sentence (including any period of supervision), and felonies are sealed 8 years after completion of sentence, provided the individual has no new convictions during that period. Sex offenses and certain other serious offenses are excluded. The Unified Court System has a 3-year implementation window (through approximately 2027) to build the processes and systems needed for automatic sealing. Once sealed, records will not appear on standard background checks and individuals can legally deny the existence of sealed convictions in most contexts.

Effective: 2024

What Employers Can Do in New York

When can employers ask about criminal history?: In New York City: employers with 4+ employees cannot ask about criminal history until after a conditional offer of employment (Fair Chance Act). Statewide: Article 23-A does not specify timing, but requires individualized assessment before any adverse action based on conviction history. Many local jurisdictions have their own timing rules.
What can they consider?: Under Article 23-A, employers must consider: (1) New York's public policy of encouraging employment of people with criminal records, (2) the specific duties of the job, (3) the bearing of the conviction on the applicant's fitness for the position, (4) the time elapsed since the offense, (5) the age of the applicant at the time of the offense, (6) the seriousness of the offense, (7) information about rehabilitation, and (8) the employer's legitimate interest in safety. If an employer denies employment based on conviction history, they must provide the applicant with written reasons upon request.
Individualized assessment required?: Yes — employers must evaluate each applicant individually, considering the nature of the offense, time elapsed, and relevance to the job.

Key Laws in New York

Article 23-A of the New York Correction Law(1976)
The cornerstone of New York's criminal record employment protections. Requires all employers to perform individualized assessment before denying employment based on conviction history. Establishes an 8-factor test employers must consider. Applies statewide to all employers.
New York Clean Slate Act(2024)
Landmark law providing automatic sealing of eligible criminal conviction records. Misdemeanors sealed after 3 years, felonies after 8 years, following completion of sentence with no new convictions. Sex offenses excluded. Full implementation expected by approximately 2027.
NYC Fair Chance Act (NYC Admin. Code § 8-107(11-a))(2015)
New York City's ban-the-box law prohibiting employers with 4+ employees from inquiring about criminal history or running background checks until after a conditional offer of employment. Among the strongest local fair chance laws in the nation.
NY General Business Law § 380-j(1977)
Establishes a 7-year lookback limit for reporting convictions, but only for jobs paying $25,000 or less per year. This threshold has not been updated and is effectively meaningless for most modern employment.
NY Criminal Procedure Law § 160.50(1976)
Provides for automatic sealing of non-conviction records, including dismissed charges and acquittals. Sealed records are not available to employers and should not appear on background checks.

Frequently Asked Questions — New York

How far back does a background check go in New York?: New York technically has a 7-year lookback limit, but it only applies to jobs paying $25,000 or less — a threshold so low it is effectively meaningless today. For most jobs, convictions can be reported indefinitely. However, New York's Clean Slate Act (2024) will automatically seal eligible misdemeanors after 3 years and felonies after 8 years, fundamentally changing what appears on background checks once fully implemented.
What is New York's Clean Slate Act?: Signed into law on November 16, 2024, the Clean Slate Act automatically seals eligible criminal records after a waiting period: 3 years for misdemeanors and 8 years for felonies, measured from completion of the sentence with no new convictions. Sex offenses are excluded. The Unified Court System has until approximately 2027 to fully implement the automatic sealing process. Once sealed, records will not appear on standard background checks.
Can a New York employer ask about my criminal record on a job application?: In New York City, the Fair Chance Act prohibits employers with 4+ employees from asking about criminal history on applications or during interviews — they must wait until after a conditional offer. Statewide, Article 23-A requires individualized assessment before any denial based on conviction history, though it does not strictly prohibit questions on applications outside NYC. Several other NY localities have their own ban-the-box rules.
What is Article 23-A and how does it protect me?: Article 23-A of the New York Correction Law is one of the strongest employment protections for people with criminal records in the country. It requires every employer in New York to perform an individualized assessment before denying employment based on conviction history. Employers must consider 8 specific factors including time elapsed, job relevance, rehabilitation, and more. If denied, you can request written reasons for the decision.
Will a dismissed case show up on my background check in New York?: Generally no. Under NY Criminal Procedure Law § 160.50, dismissed cases and acquittals are automatically sealed. Sealed records should not appear on standard employment background checks and cannot be considered by employers. If a dismissed case does appear on your background check, it may be reported in error — you have the right to dispute it.
Can an employer deny me a job because of my conviction in New York?: An employer cannot automatically deny you a job based on your conviction. Under Article 23-A, they must perform an individualized assessment considering factors like the nature of the offense, time elapsed, your rehabilitation, and the duties of the job. If they deny you, they must provide written reasons upon request. You may have grounds for a legal challenge if they fail to follow this process.
When will the Clean Slate Act take effect in New York?: The Clean Slate Act was signed on November 16, 2024, but full implementation will take time. The Unified Court System has a 3-year implementation window (through approximately 2027) to establish the systems and processes for automatic record sealing. Records that meet the eligibility criteria will be sealed on a rolling basis as the system becomes operational.
Does the NYC Fair Chance Act apply to all employers?: The NYC Fair Chance Act applies to employers with 4 or more employees in New York City. It prohibits criminal history inquiries and background checks until after a conditional offer of employment. Certain positions are exempt, including law enforcement, jobs requiring security clearances, and positions where a specific criminal check is mandated by law.

New York Resources

The Legal Aid Society — Reentry Project
New York City-based legal aid organization providing free legal help with criminal record issues, including expungement, sealing, and employment discrimination based on conviction history.
New York State Unified Court System — Criminal Record Resources
Official court system resource with information about record sealing, the Clean Slate Act implementation, and how to check your criminal record in New York.
Center for Community Alternatives
Non-profit organization providing direct services and advocacy for people with criminal records in New York, including reentry support and legal assistance.
NYC Commission on Human Rights — Fair Chance Act
Official NYC resource explaining the Fair Chance Act, how to file a complaint if an employer violates the law, and guidance for both job seekers and employers.
Neighborhood Defender Service of Harlem
Provides free legal services including help with record sealing and expungement for residents of Northern Manhattan and other New York communities.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in New York for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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