The Impact of the Clean Slate Act on Pre-employment Screening: What Employers Need to Know
Job candidate screening is about to undergo a dramatic shift. The Clean Slate Act has revolutionized hiring practices, and employers everywhere are learning to adapt to these new requirements.
The Clean Slate Act New York rollout has changed how companies handle background checks and hiring decisions. Employers must keep up with these changes to keep their hiring practices compliant and create workplaces that welcome everyone.
Developing a Compliant Screening Strategy
The Clean Slate Act demands a careful screening strategy that includes new notice obligations and procedural requirements. Let’s examine the steps needed to align our screening practices with these regulations.
Our background screening processes need adaptation to handle the most significant changes. We must give candidates complete information about their background checks. The moment we get criminal history information, we must:
- Give a copy of the background check report to the candidate
- Tell them about their right to fix any inaccuracies
- Share a copy of Article 23-A of the New York Correction Law
This requirement stands out because we must share this information, regardless of our plans to take adverse action based on the findings.
Most records will be sealed after three years from sentencing or release from incarceration for misdemeanor convictions, whichever comes later. This period extends to eight years for felony convictions. If the record is ‘sealed’ the court will NOT report it. The courts have until Nov 2027 to go through their cases and seal the records that qualify. Until the record is sealed by the court, it is reportable and can be used for employment decisions.
The law shields us from negligent hiring claims if we follow the proper procedures. If we run a background check and receive no information about sealed convictions, we face no liability for negligence based on sealed records.
Some employers, like those in healthcare or childcare, must conduct fingerprint-based checks and keep access to sealed records. These cases require careful handling of information. Any unauthorized sharing of sealed records could create liability if it harms the individual.
Partnerships with accredited background screening providers are vital in this new digital world. These strategic collaborations help us get accurate, compliant reports that correctly exclude sealed records. Regular audits of our hiring processes help us stay current with these evolving requirements and protect our organizations and candidates.
Building Fair Hiring Practices
The Clean Slate Act has changed fair hiring practices, and second-chance hiring approaches are becoming more common. Employers must adapt to these changes while keeping their workplaces safe and compliant.
Effective, fair hiring practices start with a fresh look at what criminal history matters for each role. For example, an accountant’s position should focus on convictions related to fraud, theft, or embezzlement. This targeted approach leads to better decisions and gives candidates a fair chance.
Key Evaluation Factors to think about include:
- Severity and nature of the offense
- Time elapsed since the conviction
- Age at the time of the offense
- Rehabilitation efforts
- Job-specific requirements
- Effects on workplace safety
Sealed records cannot be part of the hiring process questions, and candidates can legally respond as if the conviction never occurred. HR teams need updated application forms and training to handle these changes.
Jobs involving sensitive populations, like children or the elderly, still allow access to sealed records through fingerprint-based checks. This access brings extra responsibility. Organizations must protect sealed convictions from unauthorized disclosure or face liability if the individual suffers harm.
A robust, fair hiring framework needs partnerships with accredited Consumer Reporting Agencies (CRAs) that follow Professional Background Screening Association (PBSA) standards. These partnerships will give accurate, compliant reports and support fair chance hiring initiatives.
New York’s policy has long supported employment opportunities for people with past convictions. Thoughtful implementation of these practices helps create an inclusive and diverse workplace while maintaining safety and security standards.
Adapting To The Clean Slate Act For Inclusive And Safe Hiring Practices
The Clean Slate Act has fundamentally changed pre-employment screening practices. Although these new requirements might initially feel daunting, they create opportunities to build more inclusive workplaces that maintain safety and security.
Our organization’s success depends on quick adaptation to these requirements. We must update screening processes, train HR teams, and set clear evaluation criteria for each position. Private Eyes provides a complete background check process focusing on accuracy, responsiveness, and speed. This helps companies enhance their hiring practices and keep workplaces safe.
Have questions? Speak to a Private Eyes expert for more information.