S.7551A/A.1029C Allows Certain Criminal Records To Be Sealed Years After Their Sentence or Incarceration If An Individual Remains Crime-Free
Compromise Negotiated By Governor Hochul Allows Law Enforcement, Prosecutors, School Officials, and Courts To Access An Individual’s Full Criminal Record; Access To Records Of Convictions For Murder, Sex Offenses, Domestic Terrorism, Other Serious Crimes Will Remain Unchanged For All
New York Becomes 12th State To Enact Clean Slate Legislation; Analysis Shows Individuals Impacted By Record Expungement Have Been Less Likely Than General Public To Commit Criminal Offenses
Governor Kathy Hochul signed the Clean Slate Act (S.7551A/A.1029C), 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. Following their release from any incarceration, records of individuals with eligible misdemeanor convictions will be sealed after three years and those with certain felony convictions, after eight years. The Clean Slate Act will not seal the records of individuals convicted of sex crimes, murder or other non-drug Class A felonies; law enforcement, prosecutors, the New York State Education Department, the courts and other groups will continue to have access to all criminal records under this law.
“The best crime-fighting tool is a good-paying job. That’s why I support giving New Yorkers a clean slate after they’ve paid their debt to society and gone years without an additional offense,” Governor Hochul said. “I negotiated a compromise that protects public safety and boosts economic opportunity, and the final Clean Slate Law will help New Yorkers access jobs and housing while allowing police, prosecutors and school officials to protect their communities. And as our state faces a worker shortage, with more than 450,000 job openings right now, this new law will help businesses find more workers who will help them grow, expand and thrive."
The Clean Slate Act (S.7551A/A.1029C) takes effect in one year. It provides the New York State Office of Court Administration up to three years from that date to implement the processes necessary to identify and seal all eligible records. The law will seal certain criminal records following an individual’s release from any incarceration: eligible misdemeanor convictions will be sealed three years after release, and eligible felony convictions will be sealed eight years after release – on the condition that the individual convicted of the offense has not committed an additional crime in the intervening period.
The law also includes multiple components to protect public safety. Records will not be sealed to law enforcement or the criminal justice system. Records will not be sealed for individuals convicted of sex offenses, murder, domestic terror and other non-drug Class A felonies, and will also not be sealed until parole or probation is complete and there are no criminal charges in New York State. The clock restarts altogether if parole or probation is revoked or if there is a new conviction. Employers permitted by law to perform fingerprint-based criminal history checks on job applicants will continue to receive those records and use them to determine whether individuals should be hired. Conviction information will remain available for law enforcement purposes, the hiring of police and peace officers, the hiring of teachers at public and private schools, and background checks for firearm purchases and/or licenses.
A criminal record can impede an individual’s full participation in their communities after they have served their sentence. This is especially true for individuals from communities of color, who have been disproportionately represented in the criminal justice system. While New York State has the lowest incarceration rate among states with more than 10 million residents, racial disparities persist. Studies show that without Clean Slate, New York is missing out on $12.6 billion in annual economic activity – the total cost of lost wages each year due to the reduced earnings of individuals with unsealed records; nationwide, the cost to GDP is approximately $87 billion each year.
The law requires the Office of Court Administration to determine which criminal history records are eligible for sealing and notify the following entities of those sealed convictions: the state Division of Criminal Justice Services, which maintains the state’s fingerprint-based criminal history records; courts of conviction, county clerks, police departments, sheriffs’ offices, and district attorneys’ offices.
The law also builds upon other efforts implemented and enacted by New York State to help remove barriers faced by people with criminal convictions, especially the approximately 25,000 individuals who return to their communities annually after serving prison sentences. The state has reinstated the right to vote for people on parole; removed outright bans on occupational licenses; implemented fair-chance hiring at state agencies; and prohibited discrimination at state-financed housing based solely on an individual’s criminal record, among other initiatives.
Governor Hochul has prioritized public safety throughout her time in office, securing the most criminal justice system funding in a generation; and increasing investments to improve opportunities for young people and families and strengthen communities. The FY24 budget funds the Governor’s public safety plan and comprehensive plan to fight gun violence and violent crime, improve community safety and increase public trust in the criminal justice system. As part of this plan, the budget includes record investments to support programs and services that assist with re-entry, and pretrial programs designed to divert individuals from deeper involvement in the criminal justice system.
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