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NY law automatically sealing some criminal records takes effect Saturday: What to know
By
Brittany Kriegstein
and
Andrew Giambrone
Published Nov 15, 2024
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Jim.henderson / Wikimedia Commons (public domain)
By
Brittany Kriegstein
and
Andrew Giambrone
Published Nov 15, 2024
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A long-debated state law that supporters say will help formerly incarcerated New Yorkers get a new start by automatically sealing certain criminal records will go into effect on Saturday.
The Clean Slate Act, which Gov. Kathy Hochul signed into law last fall after years of public debate over the measure, makes millions of convictions eligible for automatic sealing by state courts. Proponents say it will open countless housing, job and education opportunities that were previously denied to formerly incarcerated people. But there are some notable exceptions: Convictions for sex crimes and most Class A felonies — such as murder, first-degree kidnapping and arson — are not eligible to be sealed.
Once someone’s records are sealed and they’ve completed a required waiting period after incarceration, their convictions will no longer show up when they’re looking for work, a new home and other opportunities that ask people to divulge their criminal justice histories. The waiting period is three years for misdemeanors and eight years for felonies, or later if someone remains on probation or parole. The clock would be paused if someone faces a new charge and stopped altogether if they are newly convicted.
The law’s supporters celebrated its impending implementation at an event on Friday in front of the Brooklyn Public Library’s main branch. Takeasha Newton from the nonprofit Center for Community Alternatives said the Clean Slate Act would change the lives of people like her who had struggled to reintegrate into society after they were incarcerated.
“I see a new day of hope and restoration on the horizon for the millions of New Yorkers like me, my mother … who have conviction histories,” said Newton, who was accompanied by officials including the bill's co-sponsors, state Sen. Zellnor Myrie and state Assemblymember Catalina Cruz, and Brooklyn District Attorney Eric Gonzalez. “We can now begin to move forward with our lives, supporting ourselves, our families, and more fully contribute to our communities.”
Proponents have pointed to studies indicating the law could boost the state’s economy by an estimated $7.1 billion by helping people who were previously excluded from the workforce due to their criminal records. A Harvard Law Review study also found that within two years, people who had their records cleared under a similar law in Michigan were 11% more likely to be employed, were earning 25% more and were less likely to be convicted of a crime than other members of the public.
Myrie, who is now eyeing a mayoral bid, said the law would address two of the biggest concerns New Yorkers expressed in this month’s general election: public safety and the economy.
“If you are a family that’s been shut out of opportunity, struggling to be engaged, to get a job, to get housing, to get education, Clean Slate is on the way,” he said on Friday. “If you are an employer looking for the most motivated employee you have ever encountered, Clean Slate is on the way. And if you’re a community that has been struggling with public safety challenges, shut out of opportunity, Clean Slate is on the way.”
More than 2 million people in New York had criminal convictions as of 2021, and most of those convictions were for misdemeanors, according to the Data Collaborative for Justice at John Jay College of Criminal Justice. The conviction rate for Black people was roughly triple that for white people statewide, and nearly six times higher in New York City, which had the biggest racial disparities of any region.
The Clean Slate Act has garnered extensive support across the state. Resolutions in support of the bill were passed in 15 cities and counties, including New York City, Buffalo, Albany, Syracuse, and Westchester and Ulster counties, according to supporters. It has also been endorsed by several of the largest companies in the country, as well as business groups and unions.
Republican leaders, law enforcement officials and some prosecutors have historically opposed the measure, arguing it would be difficult to implement and was too broad and unfair to crime victims. The state Legislature passed the law in June 2023.
Tagged
new york state
Kathy Hochul
new york city
zellnor myrie
housing
public safety
economy
Politics
Brittany Kriegstein
Brittany Kriegstein covers all breaking news around New York City, with a focus on crime and gun violence. Got a tip? Email Brittany at [email protected].
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Andrew Giambrone
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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