Some convicted criminals in New York will now have their records sealed when applying for jobs and filling out housing applications, after Gov. Kathy Hochul signed the controversial new “Clean Slate Act” in a ceremony Thursday.
The governor hailed the progressive legislation as a way to get more ex-cons in the work force — despite opposition from some police groups and law-and-order conservatives.
“My number one job as the New York State Governor is to keep people safe, Hochul said. “And I believe that the best anti-crime tool we have is a job when people have steady work.”
The legislation seals eligible misdemeanor records after three years and certain felony records after eight years after their sentence is complete as long as the offender doesn’t commit another crime during that time.
Charges eligible to be sealed include misdemeanors such as disorderly conduct, larceny and vandalism as well as non-violent felonies like money laundering, insurance fraud and compelling prostitution.
Crimes designated as class A felonies like murder, predatory sexual assault, terrorism, arson and kidnapping would not be eligible to be sealed. That excludes class A felonies for drug possession.
Law enforcement and courts will continue to have full access to records as would any employer that can currently conduct fingerprinting as part of a job application like schools and day cares.
“What Clean Slate does is give everyone the opportunity to be a safe and productive member of their community,” one of the bill’s sponsors, state Senator Zellnor Myrie said. “Help is on the way.”
The legislation takes effect one year from the bill signing, at which point the office of court administration will begin the clock for automatically sealing the eligible offenses as soon as someone finishes their sentence. The courts will have until 2027 to go back and seal old records that apply.
Republicans have blasted the legislation, saying it hurts victims and takes away a power that judges already had the ability to do on their own accord.
“The Clean Slate Act represents the latest step in the wrong direction,” Assembly Minority Leader Will Barclay wrote in a statement. “This is yet another pro-criminal, misguided policy from the people intent on dismantling law and order and removing individual accountability.”
Some law enforcement officials also railed against Clean Slate, saying the measures fall in line with the state’s revisions to bail laws.
“I think there’s a force magnifier, when you have law after law, that emboldens criminals, law and the law that tells criminals, they are not accountable for their actions,” Suffolk County PBA President Lou Civello said. “I think it certainly demoralizes your law enforcement officers, those of us that are out there risking our lives to make this a safer place to live.”
Some business groups threw their support behind Clean Slate on the premise it will provide the state with an economic boost by removing a barrier making it easier for people to work.
JP Morgan Chase CEO Jamie Dimon threw his support behind the measures.
A group of labor unions including Local 338 RWDSU/UFCW, 1199 SEIU, District Council 37, Laborers’ Local 79, and the New York State Nurses Association also penned a letter supporting Clean Slate earlier this year.
“Not only will this legislation make a significant and positive change in the lives of millions of New Yorkers currently held back from accessing vital employment, housing and other opportunities due to a past conviction record, it will combat poverty and promote labor equity and economic justice statewide,” the unions wrote.
The bill passed through the legislature at the end of its session earlier this year after lawmakers made some concessions including dropping some felony offenses from those eligible and pushing back the timeline on when records can be sealed.