Governor signs ‘Clean Slate Act,’ sealing some criminal records

By Tom Rivers, Editor Posted 16 November 2023 at 6:30 pm

Ortt says legislation continues ‘disastrous’ trend making communities less safe

Photo from Susan Watts/Office of Governor: Kathy Hochul was in Brooklyn today to sign the Clean Slate Act, which allows certain criminal records to be sealed years after an individual is sentenced or released from incarceration if that individual is not subsequently convicted of an additional criminal act.

Governor Kathy Hochul today signed the Clean Slate Act which seals certain criminal records if the sentence has been served and no additional crimes have been committed.

Hochul said the legislation will allow individuals to seek employment, housing and educational opportunities to improve their lives. And it will help fill many job openings for businesses desperate for workers.

“It’s a victory for common sense and moral decency,” Hochul said. “It’s a victory for anyone who believes in economic progress and a just society. It’s a victory for anyone who wants to make sure that our communities are safe and vibrant.”

Records of individuals with eligible misdemeanor convictions will be sealed after three years and those with certain felony convictions, after eight years, following their release from incarceration.

“My number one job as the New York State Governor is to keep people safe,” Hochul said. “And I believe that the best anti-crime tool we have is a job. When people have steady work, they’re less likely to commit crimes and less likely to be homeless. New York also has a labor shortage right now. I have 460,000 jobs that are unfilled today. Our employers are begging for workers. That’s the equivalent of the populations of Buffalo and Rochester combined.”

Effective one year from today, the law provides the New York State Office of Court Administration up to three years to implement the processes necessary to identify and seal all eligible records.

 “The millions of New Yorkers who have paid their dues and are ready to rebuild their lives deserve a second chance,” said New York Attorney General Letitia James. “The Clean Slate Act will help ensure our justice system is fairer and more equitable, and help build stronger families and communities by making it easier for formerly incarcerated New Yorkers to find stable housing, good-paying jobs, and quality education.”

Greater Rochester Chamber of Commerce President and CEO Bob Duffy said, “A conviction on a person’s record hinders opportunities like stable jobs, professional licenses, and secure housing. After someone pays their debt to society, they deserve the opportunity to procure a good job to forge a path towards a new life. Today represents a pivotal moment in New York’s commitment to breaking down barriers for individuals with criminal records who have already paid their debt to society.”

State Senate Republican Leader Rob Ortt issued this statement: “As public safety remains on the mind of every New Yorker, Governor Hochul has signed another bill that continues the alarming trend of disastrous criminal justice ‘reforms’ that have made our communities less safe.

“Under this law, criminals convicted of some of the most violent offenses – including attempted murder, gang assault, arson, and animal abuse, just to name a few – will be eligible to have their records sealed. As we see a dramatic rise in antisemitism, even hate crimes would be sealable. Meanwhile, there is no ‘clean slate’ for the victims and loved ones whose lives have been devastated.

“There should be no question in the minds of New Yorkers: Albany Democrats will always prioritize criminals over victims and law-abiding citizens.”

State Assemblyman Steve Hawley (R,C-Batavia) also is critical of the “Clean Slate” legislation. He said it will make it impossible for employers, landlords and other business owners to fully vet their incoming employees and tenants.

“This is yet another example of the Majority in Albany imposing their radical ideology on everyday New Yorkers,” Hawley said. “We live in a country where criminals are treated like victims and the people who are hurt by these crimes are put to the side. Public safety is not something we can afford to mess around with. We need to return to a system where we respect the rule of law and hold criminals accountable for their actions.”