"Clean Slate Act" Contains Exemptions for Long-Term Care Employers

(Nov. 26, 2024) Long-term care employers will continue to receive criminal histories of prospective and current employees under the "Clean Slate Act," which took effect this month. The law, which was enacted in 2023, requires certain criminal records to be sealed after a period of time elapses from conviction or from the individual's release from incarceration, provided that certain conditions are met. The law does not allow the sealing of convictions for sex offenses or for Class A felonies other than controlled substance felonies.

Sealed criminal records will continue to be available to individuals and entities that are required by law or regulation to receive "a fingerprint-based check of criminal history information in relation to the individual's fitness to have responsibility for the safety and well-being of children or adolescents, elderly individuals, individuals with disabilities, or otherwise vulnerable populations." The records will also continue to be available to the State Education Department for purposes of professional licensure activities. These exemptions from sealing enable long-term care providers that are subject to criminal background check requirements to continue to receive the complete histories of prospective and current employees.

The new law includes a requirement that, unless otherwise prohibited, every entity that receives such criminal history information must provide a copy to the subject with a statement about their right to seek a correction of any incorrect information. In addition, the law authorizes the subject of a sealed record to bring a claim against anyone who knowingly and willfully breaches a duty to preserve the confidentiality of the record and causes injury to the subject as a result.

Contact: Karen Lipson, klipson@leadingageny.org