OCA Delays Clean Slate Act Record Sealing Three Years | The Locally Times

New York's Office of Court Administration requires up to three years to implement processes for automatically sealing eligible conviction records.

New York State's Clean Slate Act officially took effect on November 16, 2024, initiating a process intended to automatically seal eligible conviction records. This timeline means that for an extended period, criminal history records provided through the Division of Criminal Justice Services (DCJS) will continue to display convictions that the Act ultimately aims to seal. ## Implementation Timeline and Agency Roles The Clean Slate Act's provisions, which became active in November 2024, grant the OCA a significant window for implementation. The Division of Criminal Justice Services states that the OCA has up to three years to establish the required processes for automatic record sealing. Until the OCA completes this work, the DCJS cannot seal records without a specific court order. This procedural requirement means that individuals seeking a criminal history record response from DCJS will receive documents that include convictions eligible for future sealing under the Clean Slate Act, as documented by the New York State Division of Criminal Justice Services on February 15, 2026. ## Scope of the Act and Continued Access The Clean Slate Act does not extend to all conviction records. Records for sex crimes and non-drug Class A felonies, including murder, are not eligible for sealing under the Act's provisions. Furthermore, certain entities will retain full access to criminal histories even after eligible records are sealed. These include police departments, sheriffs’ offices, prosecutors, the courts, and any employer legally permitted to conduct fingerprint-based background checks on job applicants. The New York State Division of Criminal Justice Services outlines these exceptions in its February 15, 2026, posting. ## Unanswered Questions and Ongoing Impact The records do not specify the particular challenges, such as funding, staffing, or technological infrastructure, that necessitate OCA's three-year implementation period. The New York State Division of Criminal Justice Services' posting does not provide an estimated number of New Yorkers whose record sealing will be delayed by this timeline. Additionally, the records do not detail any concrete steps or interim measures the OCA is taking to expedite the process or mitigate the impact of the delay during this three-year period. The estimated cost of developing these processes and the responsible parties for bearing that expense also remain unspecified in the available documentation. This delay means that individuals whose convictions would eventually be sealed under the Clean Slate Act will continue to have those convictions visible on their criminal history records for up to three years. The records do not specify the immediate consequences for these individuals regarding employment, housing, or other opportunities during this interim period.