For supporters of automatically sealing criminal records in New York, millions of people with now-year-old criminal convictions could secure housing and jobs, potentially keeping them out of the criminal justice system forever.
For opponents, the measure raises too many logistical and public safety questions.
Known as the Clean Slate Act by advocates, state lawmakers this week are entering the final stages of getting the bill across the finish line after years of negotiations and false starts.
A revised bill introduced Monday evening would seal criminal records eight years after a person completes their sentence for a felony; three years for misdemeanor crimes.
“We don’t count anything before the votes pass, but I’m cautiously optimistic that we’ve reached an agreement between the parties,” said state Sen. Zellnor Myrie, the bill’s lead sponsor.
The bill has not passed the state Assembly in previous years. Gov. Kathy Hochul in a statement did not endorse the new measure, but added that she would review it.
Still, Myrie said Tuesday morning that the new bill was a sign the measure faces its best chance of passage. The effects for people who have struggled after being incarcerated have been profound, he said.
“This will open doors. And there’s nothing better than that,” Myrie said. “There’s nothing better than giving someone a chance.”
In the Assembly, Democrat Eddie Gibbs was equally confident the measure would pass first in his chamber.
“We want to give them an opportunity to come home, to get a job, to take care of your family, to take care of your community, but the most important thing is to stay out of jail,” he said.
Gibbs served time in prison himself, making him the first formerly incarcerated person to serve in the state legislature.
“For me, I didn’t need Clean Slate, I created my own clean slate,” he said. “But for the other people who can’t make it, I’m sure we’ll make it on all levels.”
Supporters have pointed to the business community’s support for the move, arguing it would provide them with people to fill vacant jobs.
But Republicans are skeptical of the claims. They point to laws already on the books that provided for the sealing of records as a judge’s discretion.
“I don’t buy this idea that there’s a whole swath of people who can’t find work simply because they were locked up in prison eight years ago,” said Senate Minority Leader Robert Ortt.
And then there’s the mood among voters, who have in the past opposed criminal justice measures like ending cash bail requirements for many criminal charges. After a close general election last year that hinged in part on public safety, Gov. Kathy Hochul and lawmakers in May agreed to make changes that would reduce the reach of the cashless bail law.
Sealing criminal records, opponents argue, goes against what voters have indicated is a concern for them in the wake of the pandemic.
“We really need to focus on public safety,” said Rep. Matt Slater, a Republican, “but I don’t think this bill will convince New Yorkers that public safety is a priority for the state legislature this year.”
