Governor Kathy Hochul on Thursday signed the Clean Slate Act (S.7551A/A.1029C), which allows certain criminal records to be sealed years after an individual is sentenced or released from incarceration if that individual is not subsequently convicted of an additional criminal act. Following their release from any incarceration, records of individuals with eligible misdemeanor convictions will be sealed after three years and those with certain felony convictions, after eight years. The Clean Slate Act will not seal the records of individuals convicted of sex crimes, murder or other non-drug Class A felonies; law enforcement, prosecutors, the New York State Education Department, the courts and other groups will continue to have access to all criminal records under this law.
The Clean Slate Act takes effect one year from today. It provides the New York State Office of Court Administration up to three years from that date to implement the processes necessary to identify and seal all eligible records. The law will seal certain criminal records following an individual’s release from any incarceration: eligible misdemeanor convictions will be sealed three years after release, and eligible felony convictions will be sealed eight years after release – on the condition that the individual convicted of the offense has not committed an additional crime in the intervening period.
The law also includes multiple components to protect public safety. Records will not be sealed to law enforcement or the criminal justice system. Records will not be sealed for individuals convicted of sex offenses, murder, domestic terror and other non-drug Class A felonies, and will also not be sealed until parole or probation is complete and there are no criminal charges in New York State. The clock restarts altogether if parole or probation is revoked or if there is a new conviction. Employers permitted by law to perform fingerprint-based criminal history checks on job applicants will continue to receive those records and use them to determine whether individuals should be hired. Conviction information will remain available for law enforcement purposes, the hiring of police and peace officers, the hiring of teachers at public and private schools, and background checks for firearm purchases and/or licenses.
According to the Governor’s Office, a criminal record can impede an individual’s full participation in their communities after they have served their sentence. This is especially true for individuals from communities of color, who have been disproportionately represented in the criminal justice system. While New York State has the lowest incarceration rate among states with more than 10 million residents, racial disparities persist. Studies show that without Clean Slate, New York is missing out on $12.6 billion in annual economic activity – the total cost of lost wages each year due to the reduced earnings of individuals with unsealed records; nationwide, the cost to GDP is approximately $87 billion each year.
New York will become the 12th state in the nation to sign Clean Slate legislation, joining states like Utah, South Dakota, Oklahoma, New Jersey, Michigan, and Pennsylvania.
The reaction from across the state to the Clean Slate Act has been mixed:
“The best crime-fighting tool is a good-paying job. That’s why I support giving New Yorkers a clean slate after they’ve paid their debt to society and gone years without an additional offense,” Governor Hochul said. “I negotiated a compromise that protects public safety and boosts economic opportunity, and the final Clean Slate Law will help New Yorkers access jobs and housing while allowing police, prosecutors and school officials to protect their communities. And as our state faces a worker shortage, with more than 450,000 job openings right now, this new law will help businesses find more workers who will help them grow, expand and thrive.”
New York Attorney General Letitia James said, “The millions of New Yorkers who have paid their dues and are ready to rebuild their lives deserve a second chance. The Clean Slate Act will help ensure our justice system is fairer and more equitable, and help build stronger families and communities by making it easier for formerly incarcerated New Yorkers to find stable housing, good-paying jobs, and quality education. I want to thank Governor Hochul for signing this critical legislation today, as well as Senator Myrie, Assemblymember Cruz, and all the dedicated advocates who worked for years to make it a reality.”
“It’s like a broken record with another pro-criminal bill signed into law in New York State,” said State Senator Pamela Helming. “A “clean slate” for criminals, including those convicted of felony offenses such as assaults on police officers, domestic violence crimes, vehicular homicide, manslaughter, making a terroristic threat, and the list goes on. Victims and their families don’t get a clean slate. They don’t get a fresh start. They don’t get to erase their loss and suffering.”
State Senator Tom O’Mara said, “Another day in New York, another pro-criminal policy pushed by one-party rule. This state is facing a crisis of rising crime and lawlessness, and yet this new law continues to make our communities, neighborhoods, and streets even less safe. The crisis, caused in large part by Democrat-led cashless bail and other soft-on-crime policies, could be stopped if Albany Democrats stopped pushing a radical, pro-criminal agenda. These new actions once again prove that Democrats care more about protecting violent felons and dangerous individuals than they do victims and law-abiding New Yorkers.”
Mayor of the City of Ithaca Laura Lewis said, “As Mayor of the City of Ithaca, I wholeheartedly endorse Governor Hochul’s Clean Slate Act. We live in a community that values compassion, justice, and a belief in the power of rehabilitation. By offering a clean slate to those seeking to rebuild their lives, we are fostering an environment that creates pathways for individuals to contribute positively to our city’s future and to benefit from our city’s resources. This will play a key role as we look at our continuing workforce needs in Ithaca.”
Tompkins County District Attorney Matthew Van Houten said, “I support the Clean Slate Act because we should recognize that people who have made mistakes in the past or committed crimes due to systemic inequities should not be punished for the rest of their lives. Individuals who have remained stable and law abiding should be given the opportunity to seek jobs, housing and education, which would otherwise be unavailable due to criminal justice involvement from years ago. This legislation represents a common sense balance between accountability and fairness which is ultimately in the interests of public safety for our communities.”
Assemblyman Phil Palmesano said, “Gov. Hochul continues to claim public safety is her most important priority. However, once again, it seems Gov. Hochul has been bullied by radical progressives instead of standing up for the citizens of New York. Whether it be Bail Reform, Raise the Age or Clean Slate, Democrats in Albany continue to adopt soft-on-crime policies that put the interests of criminals ahead of public safety, crime victims and their families. It’s long past due for New York to reverse this dangerous trend, provide law enforcement with the support and tools they need and finally adopt common-sense criminal justice policies that make sure people are safe, and feel safe, in their own communities.”
Greater Rochester Chamber of Commerce President and CEO Bob Duffy said, “A conviction on a person’s record hinders opportunities like stable jobs, professional licenses, and secure housing. After someone pays their debt to society, they deserve the opportunity to procure a good job to forge a path towards a new life. Today represents a pivotal moment in New York’s commitment to breaking down barriers for individuals with criminal records who have already paid their debt to society. Greater Rochester Chamber is proud to have been a strong supporter of the Clean Slate Act and we thank Governor Hochul, Leader Stewart-Cousins, Senator Myrie, Assembly Member Cruz, and all of the advocates who played a role in its enactment.”
Assemblyman John Lemondes said, “The Clean Slate Act will be a complete disaster for public safety in New York,” said Lemondes. “Instead of standing up for victims and their families, state Democrats are teaming up with big corporations to give criminals a free pass. If we truly want to have public safety in this state, we need a system based on law and order. This new law will only remove accountability from convicts while everyday New Yorkers will be forced to pay the consequences.”
