Legislative Update: Proposed Amendments to New York’s Clean Slate Act
August 1, 2025This legal alert provides for an update to our November 2023 publication following the signing of the Clean Slate Act (S.7551A/A.1029C) by Governor Kathy Hochul. Since then, the law has taken effect, and state agencies have begun the implementation process. Additionally, lawmakers have introduced new legislation—some proposing small amendments to clarify the law, and one even calling for the law to be repealed in its entirety.[1]
Briefly, the Clean Slate Act, now codified at NY. Crim. Proc. Law § 160.57, took effect on November 16, 2024, and creates a process for automatically sealing certain criminal convictions. Eligible misdemeanors are sealed after three years, and eligible felonies after eight years, so long as the individual has completed their sentence and is not facing any new criminal charges.
The law applies to both court records and biometric data, such as fingerprints and palmprints. Once sealed, these records will no longer be accessible to most employers, landlords, or the general public. However, sealed records remain available to courts, law enforcement, prosecutors, and certain regulatory and licensing bodies.
Expressly excluded from sealing include DNA records maintained in the state’s databank. Most notably, convictions for sex offenses and non-drug Class A felonies, including crimes such as murder and kidnapping, also remain ineligible.
The Unified Court System and Office of Court Administration (OCA) are responsible for implementing the Clean Slate Act, with full implementation planned to be complete by November 16, 2027.
In the months following Governor Hochul’s signing of the Clean Slate Act, Senate Bill S.8335 was introduced by Senator Alexis Weik, and referred to the Senate Codes Committee on January 18, 2024. The bill proposes to repeal the Act in its entirety, reasoning “it denies New York citizens the basic information they need to make decisions about their own personal safety, the people they hire, and those with whom they choose to interact every day.” Critics of the Clean Slate Act argue it may lead to increased crime, violence, and property damage, while also undermining the effectiveness of law enforcement efforts.[2]
In addition, following the effective date of the Act, November 16, 2024, attention shifted to addressing ambiguities that have emerged, particularly in cases involving multiple convictions on a single docket. Specifically, the questions arose as to whether individual offenses, such as violations or infractions, could be sealed when they appeared alongside more serious convictions on the same docket, especially if some of those convictions may be eligible for sealing.
There was also uncertainty about how supervision, such as probation or parole, should affect the eligibility of sealing, particularly when an individual remained under supervision for a conviction other than the one being considered for sealing. These ambiguities created implementation challenges and raised concerns that eligible convictions might be improperly excluded from sealing due to technical or procedural inconsistencies.
To address these concerns, Senate Bill S.6492, introduced by Senator Zellnor Myrie, also referred to the Codes Committee on March 14, 2025, proposes several clarifying amendments. Among the amendments is a provision requiring that all convictions on a single docket must be eligible for sealing before any sealing may occur. This bill further clarifies that a conviction is eligible for sealing if the individual is not currently under the supervision of any probation or parole department in connection with that specific conviction.
Unless and until the Act is repealed or amended, and formal guidance is issued, individuals with multiple or complex conviction histories may encounter delays or inconsistencies in the sealing of their records. In the meantime, employers and licensing bodies are encouraged to review and update their background check policies to ensure compliance with current law and to be mindful of the limited exceptions that permit access to sealed records.
While the Clean Slate Act was designed to reduce the long-term consequences of criminal records, its full potential will depend on resolution of the proposed bills and the effectiveness of statewide implementation.
If you have any questions, please feel free to contact Brian Selchick (bselchick@cullenllp.com) at (518) 788-9426, or Summer Associate Kylee Culkin (kculkin@cullenllp.com) at (516) 296-9107.
This advisory provides a brief overview of the most significant updates in the law and does not constitute legal advice. Nothing herein creates an attorney-client relationship between the sender and recipient.