[NYAPRS Enews] Progress on Clean Slate: Assembly Could Pass the Bill Tomorrow

[Harvey Rosenthal]

Late Changes Clear Way For Bill That Would Erase Criminal Records For Some
Measure would seal criminal convictions for more than 2 million New Yorkers who often struggle to find jobs, housing due to their past
By Joshua Solomon  Albany Times Union June 2, 2022  8:18 p.m.

ALBANY - Legislation that could erase the criminal records of more than 2 million people cleared an impasse at the Capitol in the waning days of the 2022 session after lawmakers eased the concerns of the State Education Department.

State Assemblywoman Catalina Cruz of Queens, a key Democratic sponsor of the Clean Slate Act, said Thursday evening that the department's objections had been handled. The measure was expected to go to the Assembly floor for a vote, possibly on Friday - a day after the scheduled end of this year's legislative session.

The legislation would enable someone to have their most recent misdemeanor conviction sealed three years after their case is adjudicated and seven years after their most recent felony conviction - if they are not on parole or under other court-authorized supervision.

State Sen. Zellnor Myrie, who sponsored the measure in his chamber, said the legislation is both a "jobs bill" and a "public safety bill." He pointed to a person trying to provide for their family after serving their sentence for a conviction but finding it difficult to land a well-paying, stable job because of their criminal history - "punished in perpetuity," the lawmaker said.

Some turn to committing new crimes out of economic desperation, Myrie said: "We've shut every single door. They're going to go through the only door they know. It's the only option we've left them."

The bill has garnered broad support from labor unions, including the health care giant 1199SEIU, and major corporate sponsors that include JPMorgan Chase, Microsoft and Verizon.

Gov. Kathy Hochul supports it as well, and placed a version of the policy in her budget proposal earlier this year. But that element was taken out in the final hours of budget negotiations because of concerns over details such as the types of criminal convictions that could be sealed.

The governor had said the legislation was among her top priorities after the budget was finished.

But Hochul and top state Democrats have focused their attention in recent weeks on responding to mass shootings and shoring up reproductive health care. There also have been distractions that include the indictment and resignation of former Lt. Gov. Brian Benjamin and court decisions that threw out the new political boundaries that had been created by the Democrat-led Legislature.

The Senate passed the legislation Wednesday evening, following long debate and opposition from Republicans, who opposed wide swaths of the policy, including which violent felonies could be sealed from the view of private employers.

"This makes our lives more dangerous," state Sen. Anthony H. Palumbo, R-Long Island, said.

In the past several months, the Education Department has pressed key Democratic lawmakers to back away from the legislation until it addressed the department's concerns. In a rare memo raising concerns about legislation that is not directly related to education, the department argued individuals seeking licensed positions would be able to do so without disclosing their New York criminal history.

The measure has been amended numerous times. When it was first proposed 18 months ago by Myrie, a Brooklyn Demcorat, it proposed sealing and expunging criminal records for a wider range of criminal statutes. Proponents contend the legislation gives those with criminal histories the ability to gain employment, rent properties and have other benefits that are often blocked or made difficult by their past convictions.

By the time it reached its fourth version on May 28, it had included input from public hearings, law enforcement, prosecutors, business leaders and the criminal justice advocates who have been backing it.

The final version includes updates intended to directly assuage concerns from the Education Department. The policy, Myrie argues, would allow the department to access sealed records for those seeking jobs with access to vulnerable populations - including children - who are also required to submit fingerprints during the hiring process.

Department officials had disagreed with Myrie's position on his bill, in particular when it comes to the need for access to sealed records for teachers, aides, bus drivers and custodians, who fall under NYSED's Office of School Personnel Review and Accountability and for some employees under its Office of the Professions.

As recently as last weekend, an official with the Education Department told lawmakers that recent changes to the bill addressed some but not all of their concerns - particularly for jobs that have direct contact with children.

The proposed legislation states that sealed records can be accessed by entities that are authorized by state or federal law to request and receive a fingerprint-based check of an individual's criminal history in relation to a "provision of care or services" to children and vulnerable persons.

Some Assembly Democrats had expressed their own concerns that the legislation did not meet the needs of the Education Department.

It's unclear if the breaking of the impasse in the Assembly will require changes to the current version of the bill - which at this point would have to be accomplished by a new Senate vote that does not appear imminent.

Additional changes could also be done in a "chapter amendment" that lawmakers could vote on in the future.
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