Tag: Automatic Sealing

NY Lawmakers Reach Clean Slate Deal Exempting Serious Felonies From Automatic Sealing June 14, 2023 In a recent deal, New York's proposed Clean Slate bill has changed to prevent the sealing of several convictions. The altered proposal included examples such as murder convictions and other serious felonies. Legislators hope to finalize and pass the debated bill before the legislative session concludes. The current version of the bill would automatically expunge qualifying convictions. However, this happens after the eligible parties have completed their sentence, any related parole or probation, and have waited the required period. This period depends on the conviction. For example, misdemeanors must wait three years, and felonies must wait eight. Eligible individuals must avoid incurring new charges or convictions during this time. This new exemption for more serious felonies and murder convictions comes in addition to an existing exclusion for sex crimes, which appeared in the previous version. The legislation also includes carve-outs for specific agencies and industries performing pre-employment screening for job applicants. Examples include law enforcement, the courts, district attorneys, DMVs, immigration officials, and schools. However, the Clean Slate bill would block sealed convictions from being accessible in background checks for most employment or housing purposes. The revised bill would exempt Class A felonies from automatic sealing, other than drug offenses. However, supporters of the Clean Slate bill have pointed out that removing these felonies did not address other convictions that would still receive automatic seals. They cited manslaughter, burglary, kidnapping, and many other offenses as examples. The Clean Slate bill has received widespread support among business leaders. According to the Brennan Center's analysis, this bill could gain an estimated $7.1 billion in increased annual earnings. This increase comes from reducing conviction records barriers, which have impacted many individuals searching for employment or housing. Unfortunately, the bill has struggled to pass into legislation. The last legislative session had dropped the previous attempt from budget negotiations. However, the recent effort appears more fruitful, and supporters believe the measure will overcome its final hurdles this time. They expect it to pass before the legislative session. Employers should prepare in case the bill passes into law. One way to prepare is by reviewing current screening policies. Employers in New York should also work with a trustworthy background screening provider to conduct accurate background checks, verifying that the reports do not contain sealed records. In addition, the right partner will use their experience to ensure compliance with all state and federal regulations. Keep your business up to date on new laws and regulations with Pre-employ’s free news resources. Contact a sales rep today. Source

Tag: Automatic Sealing

NY Lawmakers Reach Clean Slate Deal Exempting Serious Felonies From Automatic Sealing

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