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New York’s Clean Slate Act takes effect this fall
Have you ever been convicted of a crime? It’s a standard question on job applications, but this fall, how people answer that question will change thanks to a new state law. New York’s Clean Slate Act goes into effect on Nov. 16. In short, the act is an automatic civil sealing bill that means criminal […]
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Have you ever been convicted of a crime?
It’s a standard question on job applications, but this fall, how people answer that question will change thanks to a new state law.
New York’s Clean Slate Act goes into effect on Nov. 16. In short, the act is an automatic civil sealing bill that means criminal convictions — in many but not all cases — will be automatically sealed after a waiting period of eight years for felonies and three years for misdemeanors.
Once Clean Slate is in effect, those with convictions eligible and sealed under Clean Slate no longer must disclose the conviction on job applications.
“It doesn’t change what an employer can ask, it changes what the applicant’s answer is,” says Michael Sciotti, a labor and employment lawyer with Barclay Damon LLP’s Syracuse office. “You go from employers knowing the background of their applicants to an employer not knowing they hired a convicted felon.”
The Clean Slate Act (www.cleanslateny.org) is not a blanket erasure of past convictions, Sciotti notes. First off, to even be eligible, the people convicted must have served all their probation time, jail time, period of parole — they must have completed all the components of their sentence. And those three-year and eight-year clocks don’t start ticking until those obligations are met.
The people with criminal records also can’t have any other pending criminal cases during that time period. If so, the clock would start all over again, making it unlikely repeat offenders would qualify.
Some convictions such as those for sex offenses, sexually violent offenses, class A felonies other than drug-related convictions, and out-of-state or federal convictions can never be sealed under Clean Slate
What does it mean for a conviction record to be sealed? It means it’s no longer available for most civil purposes and no longer showing up on background checks for those purposes.
The intent of the law is to give those who have served their sentences and put any criminal ways behind them a fair chance to get a job or education or find a place to live, Sciotti says. “It sort of takes these criminal records out of the equation.”
Conviction records will remain available for certain types of jobs including law-enforcement positions, at entities required by law to conduct a fingerprint-based background check, at employers authorized to conduct a fingerprint-based background check because they work with children or vulnerable adults, jobs overseen by the New York State Department of Education, and at private transportation companies like Uber and Lyft.
Records are not sealed for purposes like gun licenses and the Department of Motor Vehicles. Sealed convictions are still visible to a person’s lawyer along with prosecutors and the court if a person is arrested again.
What does this mean for employers?
The basic process of hiring employees does not change, Sciotti says, but employers may want to use the time between now and November to evaluate things.
While it may be harder for someone to now argue they weren’t hired due to a past conviction if their record has been sealed under Clean Slate, Sciotti notes, it’s a good idea to go over the interview process and make sure it’s the same for all applicants.
Ask the same general questions of all applicants, he says. If candidates start volunteering additional information — especially if it’s information a potential employer is not allowed to ask for — immediately advise the applicant to stop and only provide answers to the questions asked, Sciotti adds.
During the interview process, Sciotti recommends taking good notes. List each of the questions asked of applicants and note their answers, and at the end of it all, hire the person who is most qualified or the best fit for the job.
The Clean Slate Act doesn’t do much to change the hiring process, Sciotti admits, but it does raise concerns from employers that they could inadvertently hire someone with a conviction for a conflicting position — like hiring someone who committed a financial crime for a financial position.
Employers can seek to avoid such conflicts by looking for employment gaps in an applicant’s resume or an employment history that doesn’t list dates and ask why.
But ultimately, Sciotti says, the goal of the Clean Slate Act is to open opportunities to people who have served their time and put any criminal choices behind them.
“If a person deserves a second shot, then give it to them,” he says.
When the Clean Slate Act goes into effect, courts and various agencies will have up to three years to seal eligible conviction records. All eligible convictions must be sealed by November 2027.
New York craft producers could get a boost from new legislation
ALBANY — New York craft producers of liquor, cider, mead, and braggot would be able to ship their products directly to customers, living in and out of the state, under a bill that still needs the signature of Gov. Kathy Hochul. The New York State Assembly approved legislation on June 7, New York State Assembly
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ALBANY — New York craft producers of liquor, cider, mead, and braggot would be able to ship their products directly to customers, living in and out of the state, under a bill that still needs the signature of Gov. Kathy Hochul.
The New York State Assembly approved legislation on June 7, New York State Assembly Speaker Carl Heastie and Assemblymember Donna Lupardo (D–Endwell) said in an announcement that same day. Lupardo sponsored the bill in the Assembly.
The measure passed both the Assembly and the Senate during the legislative session that wrapped up on June 7.
“New York State is home to so many great craft distilleries and cideries that will now be able to ship their products to customers here in New York and in other states,” Speaker Heastie said in the news release. “This will open up business to new markets, new customers and to those that wouldn’t have been able to purchase their beverages because they couldn’t get to the location.”
By allowing the interstate and intrastate direct to consumer sale of liquor, cider, mead, and braggot, the bill would open new markets to New York’s alcohol producers, per Heastie’s office. Wineries and some breweries in New York state are permitted to sell direct to consumers, but other small alcohol producers are not.
An executive order during the COVID-19 pandemic allowed these manufacturers to ship directly to consumers, which helped many distilleries and cideries stay in business, the lawmakers said, adding that they now need this measure to continue growing.
“This legislation is important, not just for our micro-distilleries and cideries but for New York’s farmers who provide many of the raw ingredients. It also boosts tourism around the state with visitors traveling to these locations and returning home with their products,” Lupardo said in the Heastie release. “New York’s award winning craft beverages, while very popular, are not available in most New York State liquor stores.”
Harris Beach to combine with New England law firm
ROCHESTER — Harris Beach PLLC — which is based in Rochester and has offices in Syracuse, Ithaca, and other locations in New York — plans to combine with a law firm, Murtha Cullina LLP, that has offices in Connecticut, Massachusetts, and White Plains in Westchester County. The new combined law firm will be known as
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ROCHESTER — Harris Beach PLLC — which is based in Rochester and has offices in Syracuse, Ithaca, and other locations in New York — plans to combine with a law firm, Murtha Cullina LLP, that has offices in Connecticut, Massachusetts, and White Plains in Westchester County.
The new combined law firm will be known as Harris Beach Murtha, per the May 7 joint announcement.
The firms contend that, “Together, Harris Beach Murtha will offer greater strength and reach throughout an expanded geographical footprint on the Northeast Corridor and throughout upstate and Western New York, accelerating the growth strategy of both firms.”
Harris Beach and Murtha Cullina will continue to operate as separate, independent entities until the combination has been completed on Jan. 1, 2025. During this period, Chris Jagel, CEO of Harris Beach, and Andy Corea, managing partner of Murtha Cullina, will co-lead an interim advisory committee.
“This Harris Beach Murtha combination is an exciting, transformational move and proof of our investment in our clients,” Chris Jagel, CEO of Harris Beach, said in the announcement. “Both firms have a long history of excellence and client-driven growth in our respective markets and are well-aligned culturally and with many of the same practice areas. The combination will enable us to extend our reach to provide even more diverse and innovative services and capabilities over a larger geographic footprint.”
“We are excited by this strategic opportunity to combine the strengths of our two firms, expanding our geographic reach, broadening the scope of our services, and deepening our bench of experienced attorneys to offer a more comprehensive suite of legal services to our clients,” Andy Corea, managing partner of Murtha Cullina, said.
In their announcement, the firms say, “the synergies between the two law firms will benefit clients of both firms through a significantly increased knowledge base and expanded service areas.” Together, Harris Beach Murtha will have more than 250 lawyers across 15 offices in several states, and more than 250 years of combined legal experience.
Separately, Harris Beach has 183 attorneys, while Murtha Cullina has 72, Joli Plucknette-Farmen, manager of communications at Harris Beach, tells CNYBJ in an email.
Harris Beach serves clients throughout New York and across the nation. The firm has offices in Buffalo, Rochester, Syracuse, Ithaca, Saratoga Springs, Albany, White Plains, Long Island and New York City, as well as New Haven, Connecticut; Washington D.C.; and Newark, New Jersey. Murtha Cullina serves clients throughout New England and across the U.S. The firm has offices in Boston, Massachusetts; Stamford, New Haven and Hartford, Connecticut; and White Plains, N.Y.
The proposed combination is subject to customary conditions, the firms said, including a vote of the partners of each firm to approve the operating agreement for the combined entity. The vote is expected to take place in the next several months, with the operating agreement effective Jan. 1, 2025, pending completion of all necessary reviews and closing conditions.
VIEWPOINT: Implications of the proposed American Privacy Rights Act
On April 7, 2024, Representative Cathy McMorris Rodgers and Senator Maria Cantwell introduced the American Privacy Rights Act (APRA) setting forth national data-privacy rights and proposing a single, comprehensive federal data-privacy law. This bipartisan legislation, if enacted, will provide for enhanced consumer protections, transparency, and data minimization, while eliminating the patchwork, state-specific data privacy protections
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On April 7, 2024, Representative Cathy McMorris Rodgers and Senator Maria Cantwell introduced the American Privacy Rights Act (APRA) setting forth national data-privacy rights and proposing a single, comprehensive federal data-privacy law. This bipartisan legislation, if enacted, will provide for enhanced consumer protections, transparency, and data minimization, while eliminating the patchwork, state-specific data privacy protections in place currently and creating a unified standard for data privacy across the United States.
Covered Entities
As proposed, the APRA targets most individuals, entities, and nonprofits who collect, process, and retain, or transfer covered data. Covered data is defined to include any information that identifies or is reasonably linked to an individual or device. Small businesses that do not collect such data are exempt under this proposed Act.
Enhanced Personal Data Protection
Under the APRA, individuals will have greater control over their personal data. For instance, a covered entity will be required to obtain the affirmative consent from individuals in order to transfer sensitive information, including genetic and biometric information, financial account and payment data, geolocation data, and online activities across third-party websites, to name a few. In addition, individuals will be given the option to access, export, correct, or even delete their data that is under the covered entity’s control and restrict the use of their personal information for targeted advertising purposes.
Increased Transparency
Consistent with the goal of keeping individuals informed of their rights regarding their data privacy, the APRA requires covered entities to make publicly available a privacy policy that, at minimum, defines the categories of data the covered entity or service provider collects, processes, and retains; the length of time each category will be retained; and the purpose for which each category is retained, processed, and collected; among others. Individuals must also be given notice of any material changes made to an entity’s privacy policy and be given the option to opt out of the privacy policy if a material change is made.
Data Minimization
To prevent the unnecessary collection of user data, the ARPA proposes a restriction on the data collected outside of a specific and explicit purpose. Largely modeled after the European Union’s General Data Protection Regulation (GDPR), covered entities will be restricted to collecting data within what is necessary, proportionate, and limited to the purpose of their business, encouraging entities to only store information they need.
What this means for your organization
While the Act still faces the committee review process and must be voted on by both the House of Representatives and the Senate, the effective date of the Act is 180 days after enactment, providing a relatively short turnaround time once signed into law. Thus, it is recommended that businesses and individuals that likely fall under the definition of a “covered entity” be prepared and stay informed of any developments regarding the APRA.
Fred J.M. Price is a member (partner) in the Syracuse office of Bond, Schoeneck & King PLLC. He concentrates his practice on intellectual-property law, including patents, trademarks, copyrights, and trade secrets. Contact Price at fjprice@bsk.com. Cecily E. Capo is an associate attorney in Bond’s Syracuse office. She provides comprehensive support for a large array of intellectual-property issues. Contact Capo at ccapo@bsk.com. This article is drawn and edited from Bond’s website.
OPINION: Delaying congestion pricing is a big win for New Yorkers
Delaying congestion pricing [which would have charged drivers a $15 fee to drive into the central business district of Manhattan] is a victory for hardworking New Yorkers and small businesses that would have borne the brunt of this costly policy. When we hear Gov. Kathy Hochul say we must focus on “putting money back in
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Delaying congestion pricing [which would have charged drivers a $15 fee to drive into the central business district of Manhattan] is a victory for hardworking New Yorkers and small businesses that would have borne the brunt of this costly policy.
When we hear Gov. Kathy Hochul say we must focus on “putting money back in people’s pockets,” it sounds as if she is finally listening to the calls of New York Republicans, who for years have been railing against the congestion-pricing scheme.
But as the governor stated, “let’s be real.” This sudden heel-turn is because the political ramifications of congestion pricing would have hurt Democrats in upcoming congressional races. This was not a decision to do right by the people or to manage our cost-of-living crisis. This was a calculated maneuver to avoid a political disaster.
Delaying congestion pricing should only be the beginning of a 180-degree course correction for this state. While the governor may think “circumstances have changed,” the fact is many New Yorkers are desperately struggling financially thanks to the endless spending habits of Democrats in Albany.
William (Will) A. Barclay, 55, Republican, is the New York Assembly minority leader and represents the 120th New York Assembly District, which encompasses all of Oswego County, as well as parts of Jefferson and Cayuga counties. This article is drawn from a statement that Barclay issued on June 5.
OPINION: The U.S. is no longer the dominant superpower
It was an article of faith, through most of my life, that the United States was the world’s dominant power. We had the most powerful
Oneida County and sheriff’s office reach collective-bargaining agreement
UTICA, N.Y. — Oneida County has reached a collective bargaining agreement with the Oneida County Sheriff’s Office and Police Benevolent Association, Inc. (PBA) that includes pay increases and an expansion of health insurance for retirees, Oneida County Executive Anthony J. Picente, Jr. announced in a press release. “I’m very pleased that we came to an
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UTICA, N.Y. — Oneida County has reached a collective bargaining agreement with the Oneida County Sheriff’s Office and Police Benevolent Association, Inc. (PBA) that includes pay increases and an expansion of health insurance for retirees, Oneida County Executive Anthony J. Picente, Jr. announced in a press release.
“I’m very pleased that we came to an agreement that is advantageous to our employees and our taxpayers,” Picente said in the release. “I believe this contract is fair to all sides involved. It gives the valued members of the sheriff’s office road patrol unit and our 911 center employees the compensation and benefits they deserve for keeping this community safe.”
The eight-year agreement covers January 1, 2021, through December 31, 2028, and includes the implementation of a new wage scale and additional annual increases and an increase to shift differential, field training officer, cell phone, and SWAT team pay.
There will be one-time lump sum payments, an increase in meal and uniform allowance and reimbursement, and an expansion of retiree health insurance coverage.
“This is a great day for the road patrol division of the Oneida County Sheriff’s Office,” Sheriff Robert Maciol said, adding the new contract will help the county attract and retain deputies.
Negotiations began in 2021 before proceeding to interest arbitration. That was withdrawn and concluded with the voluntary agreement. PBA membership, which includes the road patrol division and the 911 center, approved the agreement on June 10 with a vote of 107-2. The Oneida County Board of Legislators approved the agreement at a meeting June 12.
The county’s negotiation team included Picente, Maciol, Oneida County Attorney Amanda Cortese-Kolasz, and attorney James Roemer.
When Can an Employer Request an Applicant’s or Employee’s Salary History?
In a tight labor market, many employers struggle to provide the most competitive employment offers, including competitive salaries and wages. Are employers permitted to request
Auburn Community Hospital, Upstate Cancer Center formally open new cancer center in Auburn
AUBURN, N.Y. — Auburn Community Hospital (ACH), in partnership with the Upstate Cancer Center in Syracuse, on Wednesday formally opened a $15 million cancer center in Auburn. The treatment facility is called the Upstate Cancer Center at Auburn Community Hospital, which is located at the intersection of Lansing and North streets. The center includes radiation
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AUBURN, N.Y. — Auburn Community Hospital (ACH), in partnership with the Upstate Cancer Center in Syracuse, on Wednesday formally opened a $15 million cancer center in Auburn.
The treatment facility is called the Upstate Cancer Center at Auburn Community Hospital, which is located at the intersection of Lansing and North streets.
The center includes radiation technology, software, and patient setup facilities. Auburn Community Hospital describes it as a “beacon of hope for individuals requiring advanced treatment.”
Cancer patients in Cayuga County previously had limited local options, often needing to travel to Rochester or Syracuse for such specialized care, the hospital noted.
“Inaugurating the cancer center underscores our commitment to delivering world-class healthcare to Auburn and Cayuga County,” Scott Berlucchi, president and CEO of Auburn Community Hospital, said in the announcement.
Berlucchi also noted that Auburn Community Hospital has evolved from a 99-bed hospital to a “comprehensive rural integrated delivery system.”
Others attending the formal-opening ceremony included Dr. Robert Corona, president of Upstate University Hospital; Dr. Thomas Vandermeer, director of the Upstate Cancer Center; Dr. Komal Akhtar, director of the Upstate Cancer Center at Auburn Community Hospital; New York State Senator Rachel May (D–Syracuse); and Auburn Mayor James Giannettino.
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