Years of lobbying have led to this point for criminal justice advocates: A bill is headed to Gov. Kathy Hochul’s desk that would automatically seal about 2.3 million criminal records.
Supporters are directing their attention to pending law enforcement as well as warning affected individuals that their criminal records will be sealed without any action on their part. But opponents, including the New York State District Attorneys Association, continue to raise public safety concerns with the measure as they call on the governor to veto it.
Known as the Clean Slate Act among supporters, the measure does not include the sealing of Class A felonies such as murder and sex crimes. If passed, the measure would seal a person’s felony records eight years after the incarceration ends; three years for a misdemeanor.
Advocates like Katie Schaffer of the Center for Community Alternatives want Hochul to act quickly once the Legislature sends her the bill.
“This is urgent legislation and there’s no reason to let it sit until the end of the calendar year,” Schaffer said.
It will also focus on the promotion of the bill by advocates for people who have had criminal convictions in their records.
“There’s significant work to be done to make sure people know this relief is coming, what exactly it means and for us to make sure it’s accessible information across the state,” Schaffer said.
Meanwhile, the New York State District Attorneys Association has urged Hochul to break his veto pen. Washington County District Attorney Tony Jordan says the bill raises too many issues of public safety and fairness.
“To have them all sealed without showing any effort in community restoration, rehabilitation, the important parts of what our system is about,” said Jordan, the group’s president.
Jordan points to a measure already on the books since 2017 that allows records to be sealed at a judge’s discretion.
“We have a law, if the law is too burdensome, why remove it altogether?” he said “Why not work to improve it?”
Hochul has not said publicly whether he will sign the bill, but said this week the final version may have satisfied concerns he had previously raised.
“I won’t say at this point,” he said this week, “but we worked very closely to balance the needs of these people to literally have another chance at life.”
