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NY to automatically seal most criminal convictions. Here’s how the Clean Slate Act works.
By
Jon Campbell
Published Jun 9, 2023
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By
Jon Campbell
Published Jun 9, 2023
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New York state is set to create a process to automatically seal most criminal convictions, a move supporters say is designed to help people more easily reintegrate into society after serving their sentences and staying out of trouble.
On Friday, the state Legislature is expected to approve the Clean Slate Act, which would seal many misdemeanor and felony convictions from public view after a person finishes their incarceration and completes a multiyear waiting period. It’s expected to be one of the Legislature's final votes before the end of its annual session in Albany, which was originally scheduled to finish on Thursday.
The Assembly began debating the measure on Friday morning ahead of a vote, with the Senate set to follow later in the day.
The vote comes after years of negotiations, which culminated in a deal between the Democrat-led Senate and Assembly this week that extended the waiting period for felonies to eight years and made clear the state’s most serious charges won’t be eligible for automatic sealing at all.
It’s the latest in a series of criminal justice reforms at the state Capitol, where Democrats have overhauled the state’s cash-bail laws and raised the age of criminal culpability since the party took control of the state Senate in 2019.
Gov. Kathy Hochul, a Democrat, has not yet publicly backed the latest version of the Clean Slate Act, but supporters expect her to sign it into law. She’s been an outspoken proponent of the concept of automatically sealing convictions.
Here’s a look at the Clean Slate Act and how it would work:
What does the Clean Slate Act do?
The Clean Slate Act automatically seals criminal records after a person is released from incarceration and completes a waiting period. In New York, more than 2 million people have a criminal record, according to an estimate by John Jay College’s Data Collaborative for Justice.
For misdemeanor charges and driving while ability-impaired, the waiting period after incarceration is three years before the record is sealed. For felonies, it’s eight years. If a person is still on probation or parole when the waiting period ends, the sealing would take effect at the end of their probation or parole.
The person has to stay out of additional trouble, too. The record-sealing process would be paused if they face a new pending charge, and the clock would start over if they’re convicted.
If a person is convicted of a crime but not sentenced to incarceration, the waiting period would begin at the time the sentence is handed down.
The bill is sponsored by Sen. Zellnor Myrie (D-Brooklyn) and Assemblymember Catalina Cruz (D-Queens).
What does it mean to “seal” a conviction?
On its most basic level, sealing a conviction means shielding it from the general public.
The Clean Slate Act makes clear that photographs, palm prints and records related to a particular conviction — including decisions and orders from the court — would not be accessible to most once it is sealed, though the convicted person could still access them.
But there are plenty of exceptions in the law.
The Department of Motor Vehicles, for example, would still have access to driving-related convictions. Agencies who process firearms licenses would still be able to access sealed convictions. So would public schools and licensed facilities that hire people that care for children, people with disabilities, the elderly and more.
Police agencies would also be able to access the records when deciding whether to hire someone. There are other exceptions, too, such as if a person is called as a witness in a criminal or civil proceeding.
Are there any crimes the Clean Slate Act wouldn’t apply to?
Yes.
It wouldn't apply to sex crimes. If a person is convicted of rape or any other sex crime, the Clean Slate Act makes clear that the conviction will stay on their record and is not eligible for automatic sealing.
It also wouldn't apply to most Class A felonies — the most serious crimes on New York’s books. That includes charges like murder, first-degree kidnapping and arson. Certain drug-related Class A felonies are still eligible for sealing, however, according to the legislation.
The bill is a state-level measure — so it does not apply to federal convictions.
What’s the point of automatically sealing criminal convictions? Who is supporting it?
The Clean Slate Act is backed by a broad swath of Democrats in New York, as well as a number of labor and business organizations, including unions and the Business Council, the state’s largest business lobby.
Supporters say it will help people get back on their feet after paying their debt to society — by making it easier for them to get a job and obtain housing, two processes that often ask about prior criminal history. Business groups support it because they say it will expand the workforce, particularly at a time when many businesses say it’s difficult to find employees.
The Clean Slate NY Coalition — an organization of supporters including public defenders, business and labor groups — issued a joint statement on Thursday calling the bill “historic” and saying it will “bring relief to millions of New Yorkers who have been excluded from economic opportunity, stable housing and higher education for far too long.”
Who opposes the Clean Slate Act?
Republicans, police organizations, prosecutors — with some exceptions, including four of New York City's five district attorneys — and private investigators are among those pushing against the Clean Slate Act.
Many of them held a news conference against the bill at the Capitol on Thursday. They say it’s way too broad and it treats people with low- and higher-level convictions the same. And they say a 2017 law allowing people to ask a judge to seal decade-old convictions is just fine, though supporters say it’s too cumbersome, not automatic and has rarely been used.
Washington County District Attorney Tony Jordan, a Republican who heads the state District Attorneys Association, said someone convicted of vehicular homicide shouldn’t have their conviction wiped out the same way a young person convicted of stealing a credit card would.
In a statement, Staten Island DA Michael McMahon — the lone New York City DA to oppose the measure — said those “convicted of breaking the law should get a second chance to resume a law-abiding life after they pay their debt to society.”
“But pretending their crime never happened or victims were not hurt by it is fundamentally unfair to those who live lives free from crime,” said McMahon, a Democrat.
I was convicted of a crime years ago. Will my conviction be sealed?
Yes, but it’ll take some time.
The legislation gives the Office of Court Administration three years to identify prior convictions now eligible for automatic sealing. It also tasks the office with notifying police agencies, clerks and courts when a conviction has been sealed.
It remains unclear whether the office will get additional funding to implement the law. Opponents of the bill, including Jordan, have raised concerns about whether the court system has the technological capability to carry out the act.
“We have already submitted our operational concerns to the Legislature and we have no further comment,” said Lucian Chalfen, a spokesperson for the Office of Court Administration.
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Jon Campbell
Jon Campbell covers the New York State Capitol for WNYC and Gothamist. Prior to that, he covered the Capitol for more than a decade for the USA TODAY Network. He has twice earned the Walter T. Brown Memorial Award, an honor given annually by the Legislative Correspondents Association alumni for outstanding state government coverage. Jon grew up in the Buffalo area and graduated from the University at Albany. Got a tip? Email Jon at [email protected] or Signal at JonCampbellNY.90.
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