[NYAPRS Enews] Clean Slate Act Passes Legislature: Call Gov. Hochul to Sign Today!

[Luke Sikinyi]

NYAPRS Note: The Clean Slate Act passed at the very end of this year's session, with the Assembly and Senate both voting to enact the bill over the weekend! We cannot thank everyone enough for all of their hard work to get this bill over the line. Finding appropriate housing and work is already very difficult for those with mental health challenges, and it becomes much harder for those who also have a prior conviction. This legislation will allow many who are trying to stay out of the criminal justice system and continue contributing to their communities increased opportunities to do so. We still have one last hurdle to get through: getting Governor Hochul to sign the bill into law. Please call or post on social media urging the Governor to sign this bill ASAP! See below for the number to call, a script to use, and a template for social media posts. Read below for more information on the passage of the Clean Slate Act.

Call Governor Hochul

  *   Call Governor Hochul at this number: 518-474-8390
  *   Here's a call script: "Hello, I'm a New Yorker and I'm calling to urge Governor Hochul to sign the Clean Slate Act into law immediately. Clean Slate matters to me because [add why you care about Clean Slate]."

Tag Governor Hochul on Social Media
Here's a template social media post:
The Senate and Assembly passed #CleanSlateNY!!! Thank you @CarlHeastie @AndreaSCousins. Now, we need @GovKathyHochul to sign Clean Slate into law.


Clean Slate Act to Give Inmates a Fresh Start on Life Post Incarceration
By Emma Quinn| WRGB Albany | June 11, 2023

Inmates leaving jail could soon be given an automatic clean slate following their sentence. The Clean Slate Act passed in both chambers in the final days of the legislative session, if signed by the governor, certain criminal convictions would be sealed after a certain period.

Lukee Forbes, was incarcerated as a teen, and says the legislation will help not just the individuals themselves, but their families as well.

"Without a job without an adequate source of employment, something that really pays a meaningful wage, individuals are struggling," Forbes says. "When you're coming home from a prison sentence and now being thrown back into society where you have to get it together, being barred from those resources makes it really difficult for individuals to get back on their feet."

Assemblyman John McDonald supported the bill, he says it'll help former inmates reintegrate into society.

"It will really add to people being part of the workforce, add to our economy, add to our income tax base," McDonald added. "Just as importantly, as individuals start to become more and more self-sufficient, they will not be relying on the government to meet their everyday needs."

Meanwhile, not all agree, Carrie Woernor, Angelo Santabarbara and Phil Steck-all Democratic Assembly members from the Capital Region voted against the legislation.

"I don't think it's necessarily going to bring the type of change the people who supported it thought it would bring," Assemblyman Steck said. "Elimination of people's criminal records is not going to solve problems of poverty and it's not going to generate immediate economic opportunity; those are things that have to be worked at through economic legislation- which honestly we do precious little of here in this building."

GOP lawmakers who voted against it say there's already a process in place people can apply to get their records sealed.

Assemblyman Matt Simpson of Queensbury said, "there's a lot of people who have no intentions of entering, re-entering the workforce. It's sad but it's a fact, not everyone is looking to better themselves in this situation."

Now it is a wait and see if the governor will sign the bill into law.

Clean Slate Act to give inmates a fresh start on life post incarceration (msn.com)<https://www.msn.com/en-us/news/politics/clean-slate-act-to-give-inmates-a-fresh-start-on-life-post-incarceration/ar-AA1cpZn0>


NY to Automatically Seal Most Criminal Convictions. Here's How the Clean Slate Act Works.
By Jon Campbell | Gothamist | June 9, 2023

Dozens of people carrying signs that say "pass Clean Slate" and "end perpetual punishment" hold a rally at the ornate Million Dollar Staircase at the state Capitol in Albany
New York state is set to create a process to automatically seal most criminal convictions, a move supporters say is designed to help people more easily reintegrate into society after serving their sentences and staying out of trouble.

On Friday, the state Legislature is expected to approve the Clean Slate Act, which would seal many misdemeanor and felony convictions from public view after a person finishes their incarceration and completes a multiyear waiting period. It's expected to be one of the Legislature's final votes before the end of its annual session in Albany, which was originally scheduled to finish on Thursday.

The Assembly began debating the measure on Friday morning ahead of a vote, with the Senate set to follow later in the day.

The vote comes after years of negotiations, which culminated in a deal between the Democrat-led Senate and Assembly this week that extended the waiting period for felonies to eight years and made clear the state's most serious charges won't be eligible for automatic sealing at all.

It's the latest in a series of criminal justice reforms at the state Capitol, where Democrats have overhauled the state's cash-bail laws and raised the age of criminal culpability since the party took control of the state Senate in 2019.

Gov. Kathy Hochul, a Democrat, has not yet publicly backed the latest version of the Clean Slate Act, but supporters expect her to sign it into law. She's been an outspoken proponent of the concept of automatically sealing convictions.

Here's a look at the Clean Slate Act and how it would work:

What Does the Clean Slate Act Do?
The Clean Slate Act automatically seals criminal records after a person is released from incarceration and completes a waiting period. In New York, more than 2 million people have a criminal record, according to an estimate by John Jay College's Data Collaborative for Justice.

For misdemeanor charges and driving while ability-impaired, the waiting period after incarceration is three years before the record is sealed. For felonies, it's eight years. If a person is still on probation or parole when the waiting period ends, the sealing would take effect at the end of their probation or parole.

The person has to stay out of additional trouble, too. The record-sealing process would be paused if they face a new pending charge, and the clock would start over if they're convicted.

If a person is convicted of a crime but not sentenced to incarceration, the waiting period would begin at the time the sentence is handed down.

The bill is sponsored by Sen. Zellnor Myrie (D-Brooklyn) and Assemblymember Catalina Cruz (D-Queens).

What Does It Mean to "Seal" a Conviction?
On its most basic level, sealing a conviction means shielding it from the general public.

The Clean Slate Act makes clear that photographs, palm prints and records related to a particular conviction - including decisions and orders from the court - would not be accessible to most once it is sealed, though the convicted person could still access them.

But there are plenty of exceptions in the law.

The Department of Motor Vehicles, for example, would still have access to driving-related convictions. Agencies who process firearms licenses would still be able to access sealed convictions. So would public schools and licensed facilities that hire people that care for children, people with disabilities, the elderly and more.

Police agencies would also be able to access the records when deciding whether to hire someone. There are other exceptions, too, such as if a person is called as a witness in a criminal or civil proceeding.

Are there any Crimes the Clean Slate Act Wouldn't Apply to?
Yes.

It wouldn't apply to sex crimes. If a person is convicted of rape or any other sex crime, the Clean Slate Act makes clear that the conviction will stay on their record and is not eligible for automatic sealing.

It also wouldn't apply to most Class A felonies - the most serious crimes on New York's books. That includes charges like murder, first-degree kidnapping and arson. Certain drug-related Class A felonies are still eligible for sealing, however, according to the legislation.

The bill is a state-level measure - so it does not apply to federal convictions.

What's the Point of Automatically Sealing Criminal Convictions? Who is Supporting It?
The Clean Slate Act is backed by a broad swath of Democrats in New York, as well as a number of labor and business organizations, including unions and the Business Council, the state's largest business lobby.

Supporters say it will help people get back on their feet after paying their debt to society - by making it easier for them to get a job and obtain housing, two processes that often ask about prior criminal history. Business groups support it because they say it will expand the workforce, particularly at a time when many businesses say it's difficult to find employees.

The Clean Slate NY Coalition - an organization of supporters including public defenders, business and labor groups - issued a joint statement on Thursday calling the bill "historic" and saying it will "bring relief to millions of New Yorkers who have been excluded from economic opportunity, stable housing and higher education for far too long."

Who Opposes the Clean Slate Act?
Republicans, police organizations, prosecutors - with some exceptions, including four of New York City's five district attorneys - and private investigators are among those pushing against the Clean Slate Act.

Many of them held a news conference against the bill at the Capitol on Thursday. They say it's way too broad and it treats people with low- and higher-level convictions the same. And they say a 2017 law allowing people to ask a judge to seal decade-old convictions is just fine, though supporters say it's too cumbersome, not automatic and has rarely been used.

Washington County District Attorney Tony Jordan, a Republican who heads the state District Attorneys Association, said someone convicted of vehicular homicide shouldn't have their conviction wiped out the same way a young person convicted of stealing a credit card would.

In a statement, Staten Island DA Michael McMahon - the lone New York City DA to oppose the measure - said those "convicted of breaking the law should get a second chance to resume a law-abiding life after they pay their debt to society."

"But pretending their crime never happened or victims were not hurt by it is fundamentally unfair to those who live lives free from crime," said McMahon, a Democrat.

I Was Convicted of a Crime Years Ago. Will My Conviction Be Sealed?
Yes, but it'll take some time.

The legislation gives the Office of Court Administration three years to identify prior convictions now eligible for automatic sealing. It also tasks the office with notifying police agencies, clerks and courts when a conviction has been sealed.

It remains unclear whether the office will get additional funding to implement the law. Opponents of the bill, including Jordan, have raised concerns about whether the court system has the technological capability to carry out the act.

"We have already submitted our operational concerns to the Legislature and we have no further comment," said Lucian Chalfen, a spokesperson for the Office of Court Administration.

NY to automatically seal most criminal convictions. Here's how the Clean Slate Act works. - Gothamist<https://gothamist.com/news/ny-to-automatically-seal-most-criminal-convictions-heres-how-the-clean-slate-act-works>

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