June 9, 2023
ALBANY, NY – If the Clean Slate Act is signed into law by the governor in it’s current form, it will make it so felonies are erased from a person’s criminal record after eight years and misdemeanors after three years. There are two exceptions to this, one – if a company is researching a person’s background for “finger print” related jobs, and two – if a person is going to take a job which requires the use of a gun.
From Assembly Speaker Democrat Karl Heastie: “The Assembly Majority is committed to building a criminal justice system focused on rehabilitation over punishment. This bill will not only help us on that mission, but it will provide a solution to the workforce issues many local businesses continue to face. The Clean Slate Act will give millions of New Yorkers a second chance to do the right thing and give back to their community once again.”
From Assemblyman Phil Palmesano: Crimes that are covered and will now be sealed under this new law include: attempted murder, aggravated manslaughter, gang assault, aggravated assault upon a police officer, incest, criminal use of a chemical or biological weapon, most kidnappings, robberies, burglaries, assault, attempted arson, grand larceny, and endangering the welfare of a child.
“We are talking about sealing records of potentially violent individuals without any input from crime victims or allowing for any judicial review and discretion. New York is already suffering from rising crime in our communities and this legislation does not make our communities any safer. Businesses have a right to know if they are hiring someone with a criminal history and landlords deserve to know to whom they are renting their property. This legislation is just another example of misplaced criminal justice priorities under one party rule in Albany,” said Palmesano.
Palmesano also noted that New York already has a process where people who want to better their lives can proactively apply to have their records sealed, but said this legislation goes way too far. “In New York, anyone who has been convicted of a crime and has taken the corrective steps to turn their life around can petition a judge to have their records sealed. This can be a good thing for those individuals who genuinely want and deserve a second chance. Clean Slate, however, is much different. Under this act, individuals don’t even have to make a proactive attempt to turn their lives around, their records are just automatically sealed without any judicial review or discretion. There needs to be individual accountability and responsibility in this important process, however this bill does the exact opposite of that, and that not just unfortunate, it’s dangerous,” added Palmesano.
“A clean slate for criminals without considering public safety or the impact on victims is reckless. We hope to continue to work with the Legislature and the governor to expand the benefits of second chances for those who are convicted of crimes. However careful thought, planning and financial investment are needed in order to accomplish the complicated process involved when massive quantities of criminal records are set aside. All must be carefully balanced without jeopardizing the expectation of safety that our residents, business and visitors deserve and expect,” said Washington County District Anthony Jordan, President, District Attorneys Association of the State of New York.
“From bail reform, raise the age, discovery and parole reform policies, one party rule in Albany continues to bring forth dangerous criminal justice policies that favor the interests of criminals over crime victims and public safety. And you wonder why crime is up and people don’t feel safe in their communities,” concluded Palmesano.
