💬 Discussion

New York is giving a clean slate to some formerly incarcerated residents

Friday, Nov 17, 2023

Image: Susan Watts

New York Governor Kathy Hochul signed a new law yesterday allowing ~2 million residents convicted of lesser crimes to have their state-level criminal records sealed following a period of good behavior.

Under the new Clean Slate Act, New Yorkers who complete their sentences and maintain a clean record for a set amount of time – three years for misdemeanors, eight for eligible felonies – will have their convictions sealed from the general public, including landlords and most employers.

The law also includes several exceptions:

  • It doesn’t apply to sex crimes or most Class A felonies, including murder, first-degree kidnapping, and first-degree arson. Some drug-related Class A felonies are still eligible for sealing.
  • Certain government agencies and employers can still see past criminal convictions after they’re sealed. This list includes public schools, the DMV, police agencies, firearms regulators, and licensed facilities dealing with children, older people, or those with disabilities.

🗣️ The arguments: Democratic lawmakers, labor unions, and business groups who support the bill say those who paid their debt to society shouldn’t be discriminated against when applying for employment or housing. Many also argue it’ll boost the economy by reducing employers’ hesitancy to hire people with criminal records – a bias that costs at least $78 billion in lost US GDP each year, per the Chamber of Commerce.

On the flip side, Republican lawmakers and law-enforcement groups who oppose the Clean Slate Act say the bill is too broad, and allows people convicted of serious crimes – including manslaughter, attempted murder, armed robbery, domestic violence, and hate crimes – to hide their history from employers, landlords, or residents who could be placed in danger.

📸 Big picture: New York is now one of a dozen mostly Democratic-led states with similar clean-slate laws on the books.

📊 Flash poll: Do you agree with New York’s new Clean Slate Act?

See a 360° view of what media pundits are saying →

Democratic donkey symbol

Sprinkles from the Left

  • Some commentators argue that clean-slate laws are an essential tool for advancing public safety, fairness, and economic empowerment, and would reduce the rate of criminal recidivism by promoting stability for those with convictions.
  • Others contend that sealing the records of people convicted of some types of crime is not just the right thing to do; it’s good for public safety, it boosts the economy, and it makes people more self-supporting.
Republican elephant symbol

Sprinkles from the Right

  • Some commentators argue that New York’s Clean Slate Act represents a huge risk to public safety and could lead to situations where unsuspecting residents will no longer be able to vet their in-home babysitters, house cleaners, and companions for elderly parents.
  • Others contend that clean-slate laws on the whole are a good thing, but police and lawmakers should prioritize the well-being and safety of the majority of residents who don't have past convictions on their records when writing the regulations.
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