Clean Slate Act Seals Millions of Criminal Records in New York

Under the Clean Slate Act, New Yorkers will be eligible to have conviction records automatically sealed 3 years from sentencing for misdemeanors and 8 years from sentencing for felonies, not including time incarcerated. - photo from cleanslateny.org

A bill that will automatically seal criminal records for millions of New Yorkers under specific circumstances took effect Saturday.

The Clean Slate Act will seal misdemeanors three years after sentencing or release and felonies after eight years. However, cases involving ongoing criminal charges, probation, or parole are not eligible. Additionally, serious crimes such as murder, sex offenses, and other non-drug-related felonies remain public. Federal crimes and convictions from other states are also excluded.

The bill passed the New York State Senate and Assembly with support from democrat majority. Gov Kathy Hochul signed it into law Nov 16, 2023.

Sealed records will still be accessible to law enforcement, legal proceedings, and employers in sensitive industries, like school districts where kids are involved.

“As we work to improve public safety and expand economic opportunity for all, the Clean Slate Act will play a critical role in helping New Yorkers find jobs, housing and opportunities in education. Starting today, individuals who have paid their debt to society, stayed out of the criminal justice system and are looking for a fresh start will begin to benefit from this landmark legislation,” Hochul said in a statement.

Currently about 12 states around the country have enacted clean slate legislation-including Pennsylvania, Utah, Connecticut and New Jersey; but the law is not without controversy.

While the new law has received wide support from democratic lawmakers and organizations across New York State, arguing that the law will help empower community members in areas like housing, employment, health care, and education; republican lawmakers have largely opposed it.

"There are a lot of different employers and people in our community who’d like to know whether or not somebody has been convicted of certain crimes,” Assemblyman Josh Jensen (R-Greece) said in an article on WHAM 13.

Jensen says he has concerns about the new law being a one-size-fits-all approach.

“New York State residents have made clear that safety is one of their top concerns, yet Governor Hochul and the Majority Legislature have ignored those concerns,” State Senator Dean Murray wrote in a press release.

“The ‘Clean Slate Act’ is one more example of the continued disregard for law-abiding New York residents and for New York's crime victims… whether it's ‘Cashless Bail,’ ‘Raise the Age,’ the ‘Less is More Act’ or ‘Clean Slate,’ the people of New York State are saying enough is enough,” he wrote.

Hazel Dukes, President of the New York Chapter of the NAACP dismisses those concerns.

“Overincarceration has destroyed far too many communities of color. And even worse, that damage lingers when those who paid their debt in full are still blocked from finding a job or a place for their families to live,” she said.