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With time running out, Clean Slate Act faces uncertainty in NY
By
Jon Campbell
Published Jun 1, 2022
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By
Jon Campbell
Published Jun 1, 2022
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With the clock winding down on the New York State Legislature’s annual session, the fate of a bill that would automatically seal convictions after a fixed period of time rests in the Assembly.
The state Senate is expected to pass the Clean Slate Act late Wednesday, granting approval to a measure that criminal justice reform advocates say would help people secure housing and employment after ending their incarceration.
If approved by the Assembly and signed into law by Gov. Kathy Hochul, the measure would automatically seal felony records seven years after the time a person is sentenced to serve, not counting time they are in prison or on parole. Misdemeanors would be sealed after three years. It would affect an estimated 2.3 million people, according to the bill’s sponsors.
But whether it will be put to a vote in the Democrat-controlled Assembly remained unclear Wednesday afternoon. The legislative session is scheduled to end Thursday.
Supportive lawmakers and advocates rallied at the Capitol’s Million Dollar Staircase to mark the Senate’s pending approval. But much of the focus remained on the Legislature’s lower chamber, where bill sponsor Catalina Cruz, a Queens Democrat, pleaded with her colleagues to push for a vote.
“Imagine you made a mistake and it's now chasing you for the next 20 to 30 years,” she said. “And then no matter where you go, no matter what you do, you and your family will pay for eternity.”
The Clean Slate Act would apply to those who have completed their sentences, including any parole or post-release supervision after they have been incarcerated. To be eligible for record sealing, the person would have to avoid being charged or convicted of a new crime during their waiting period.
Hochul has previously pledged support for the measure and included it in her state budget proposal in January. But it fell out of the final budget by the time it was approved in April, after law enforcement and educational institutions raised concerns.
State Sen. Zellnor Myrie, a Brooklyn Democrat, sponsored the measure in the Senate, where it was one of more than 120 bills headed for approval Wednesday. But Senate Majority Leader Andrea Stewart-Cousins, a Yonkers Democrat, acknowledged she wasn’t sure if the Assembly would follow suit.
“We're passing Clean Slate,” Stewart-Cousins told reporters. “I'm not sure what will happen, but, again, I think that both houses have really demonstrated a lot of movement in a lot of these [criminal justice] areas.”
Cruz said she and Myrie agreed to a series of changes over the weekend that were meant to address concerns from law enforcement. She said the bill is meant to ensure that people can provide for their families with housing and work after they have paid their debt to society.
“I'm hoping that in the next 24 hours, we're going to see our colleagues push in the same way that we are pushing to ensure that by the time we end this session, we can secure an opportunity for housing and work for 2.3 million New Yorkers,” she said.
This story has been updated to clarify when criminal records would be sealed.
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new york
Politics
Clean Slate law
state legislature
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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