The New York state Assembly is expected to vote to pass the Clean Slate Act to seal the criminal records of millions of New Yorkers in the final hours of session after the State Education Department pushed back against a deal struck with lawmakers earlier this week.

Assembly sponsor Catalina Cruz, a Democrat from Queens, met with officials with the state Education Department late Thursday afternoon, hours after the department publicly expressed concern about the bill to seal New Yorkers' criminal records three years after sentencing for misdemeanors and seven years for felonies. It would not apply to sex crimes. 

"We met with [the] New York State Education Department about Clean Slate and were able to come to an agreement that satisfied both sides," Cruz said Thursday night. "They have now expressed support for the legislation, and I am optimistic that we can bring this bill to the floor for passage before the end of this year's legislative session."

Cruz said it remains unclear exactly when - the specific time and date - the Clean Slate Act will be brought to the Assembly floor for a vote. Assembly members are expected to return to finish legislative business Friday before leaving Albany for the year.

Thursday was the last scheduled day of session. Senators expected to wrap up early Friday.

Lawmakers amended the Clean Slate Act over the weekend to allow government entities authorized or mandated to fingerprint employees for jobs involving children and vulnerable populations access to sealed records. The bill was changed after law enforcement and other state agencies expressed concerns.

In a statement early Thursday afternoon, officials with the state Education Department said the amendments lawmakers made to the Clean Slate Act inadequately address department concerns to conduct background checks or screen prospective employees if criminal records are sealed.

The proposed law does not specifically name the Education Department's Office of School Personnel Review and Accountability or Office of the Professions in the list of qualified government agencies that can access and base decisions on sealed records or a person's criminal history. 

“The department did not issue a memo about the bill, but has expressed concerns to lawmakers," department officials said. "NYSED has important protection functions and duties to students and school communities as well as members of the public that it cannot carry out under the bill.

"The current version of the bill does not address these concerns for the purposes of background checks for prospective school employees and certification of teachers and administrators and does not fully address these concerns for other professions," according to the department.

Cruz countered the changes satisfy the department's issues with the legislation, as the bill permits the Education Department's Office of Professional Disciplines access to sealed records for misconduct proceedings.

“With the amendment expanding access to authorized fingerprinting [or] mandated fingerprinting, jobs that involve children or vulnerable populations will be covered,” Cruz said before meeting with the department. “This addresses the concern that NYSED raised about the Office of School Personnel Review and Accountability not being explicitly included. OSPRA was not explicitly named, but it oversees jobs in schools with mandated or authorized fingerprinting.”

Senate sponsor Zellnor Myrie, a Democrat from Brooklyn, clapped back at the Education Department's assessment of the Clean Slate Act on social media Thursday afternoon.

Senators on Wednesday passed Clean Slate with a 38-25 vote.