There were emotional scenes in Albany late Friday night as State elected officials who supported the passage of the Clean Slate Act saw the new bill move one step closer to becoming law as it passed the New York State legislature in both houses. It now awaits signature by New York State Gov. Kathy Hochul.

 

The Clean Slate Act establishes the automatic sealing of certain conviction records after a specific period of time for individuals who have completed their sentences and meet eligibility requirements, according to State officials. They said the Act will help prevent discrimination against formerly incarcerated New Yorkers and provide greater opportunities through increased job security and access to stable housing, according to the senate majority.

 

Senate Majority Leader Stewart-Cousins said, “Clean Slate offers a genuine second chance to individuals who have fully paid their debt to society, enabling them to restart their lives and become positive contributors to their communities. By passing Clean Slate, we affirm our belief in redemption and improve our society by providing formerly incarcerated individuals a better opportunity to enter the workforce and establish stable lives.”

 

She added, “My appreciation goes to Sen. Zellnor Myrie for championing this bill in the Senate, and to the New York State Legislature for their support in passing this vital legislation that will empower thousands of New Yorkers to forge a better future.” The bill was led in the assembly, among others, by Queens Assembly Member Catalina Cruz (A.D. 39).

 

It was co-sponsored in the senate by Bronx elected officials, among others, including, Bronx Democratic chair, State Sen. Jamaal Bailey (S.D. 36), State Sen. Nathalia Fernandez (S.D. 34), State Sen. Robert Jackson (S.D. 31), State Sen. Gustavo Rivera, State Sen. José Serrano (S.D. 29), State Sen. Luis Sepúlveda (S.D. 33). It was not immediately clear from State records what the eventual vote was but according to the NY Post, the final vote was 38-25.

 

For his part, Myrie, who led the charge in the senate and who represents parts of Brooklyn, said, “I’m deeply proud to serve in a legislative body that recognizes the economic, moral and public safety imperatives for passing Clean Slate. This legislation makes it clear that New Yorkers who have served their sentences and returned to the community owe no other debts before they can rebuild their lives, obtain housing and education, and secure gainful employment.”

 

He added, “Clean Slate means stronger, safer, and more stable communities. I’m grateful to my colleagues and to the broad coalition of New Yorkers who have spoken up for this bill, and I look forward to getting it over the finish line.”

 

State officials said the legislation will boost New York’s economy and workforce as more New Yorkers with past convictions will be able to enter the labor market and increase their earnings. The Clean Slate Act also makes conviction records accessible to law enforcement in certain circumstances. New York will become the 11th state to automatically seal criminal convictions upon adoption of the legislation.

 

Earlier this week, the legislature submitted an amended version of the Act (S.7551/A.1029B), the result of a three-way agreement to pass the bill before the end of this year’s legislative session. In response, the Clean Slate NY coalition released the following statement:

 

“For years, we have been fighting for passage of the Clean Slate Act, historic legislation that will allow New Yorkers to support their families, boost the economy, and create stronger and safer communities. Pressured by the governor, the Assembly and Senate have amended the legislation to exclude people with most Class A felony convictions, barring thousands of New Yorkers who are already home in the community, have served their sentences, and are simply trying to access basic life essentials from doing so.”

 

The group added, “While we commit ourselves to the on-going struggle to end perpetual punishment for all people, millions of New Yorkers will benefit from the Clean Slate Act, and we call for its immediate passage.”

 

According to the Clean Slate NY coalition, the amended version of the act was introduced before midnight on June 5. The bill excludes people with most Class A felonies (other than drug charges) and extends the waiting period for people with felony convictions to 8 years instead of 7.

 

They said momentum for the act had built over recent weeks, including new support from the Buffalo News and the Times Union, influential business support from Kathy Wylde and the Partnership for NYC, dozens of children advocacy organizations, and the NYC Comptroller who released new data on the economic benefits of Clean Slate.

 

This week, they said Hochul, Assembly Speaker Carl Heastie, and Stewart-Cousins all said Clean Slate was likely to pass.

 

Earlier this month, Heastie had said, “We will definitely consider Clean Slate before the end of session…It helps public safety. It helps deal with the issues of a workforce.” Clean Slate passed the State Senate last legislative session and has already passed through Senate committee.

 

According to the Clean Slate coalition, the act addresses the systemic barriers to jobs and housing posed by old conviction records, boosting the economy and improving public safety. They said a Harvard Law Review study found that within two years of clearing their records under Michigan law, people were 11 percent more likely to have a job, were earning 25 percent more, and were less likely than members of the general public to be convicted of a crime. By allowing people to access life essentials, the coalition said Clean Slate will strengthen families and communities and reduce recidivism.

 

According to a recent analysis, the coalition also said the legislation would generate an estimated annual earnings boost to New York State of $7.1 billion. Nationally, they said excluding individuals with conviction records from the workforce cost the economy as much as $87 billion annually in lost GDP. They described this as a devastating loss with a real human toll on households, individuals, workers, businesses, and families.

 

A proud moment for NYS 🙌🏽#CleanSlate passes both houses. An incredible victory for New Yorkers who deserve a second chance. Proud to have supported the fight to the finish line and to share this moment with our fearless sponsors @zellnor4ny @CatalinaCruzNY pic.twitter.com/TiqVlCKsO6

— Nathalia Fernandez (@Fernandez4NY) June 10, 2023

 

They added, “Because of racism in New York’s criminal legal system, these civil consequences resulting from old conviction records disproportionately impact Black and brown New Yorkers and deepen already-existing racial inequalities in civic life.” The coalition added, “As recent data shows, 80% of individuals in New York City with conviction records are Black or Latinx, which mirrors statewide trends.”

 

They added that Clean Slate had unprecedented support from across the state. Resolutions in support of the Clean Slate Act passed in fifteen cities and counties, had been endorsed by three Fortune 500 companies, the Business Council of New York State, local chambers of commerce, and professional and trade associations, along with unions representing over two million workers.

 

They said the Clean Slate bills earned bipartisan support and passed in red and blue states including Utah, Connecticut, California and Michigan, adding that even Texas, Missouri and West Virginia were actively considering them now as well.

 

The coalition specified that the Clean Slate Act would seal old conviction records to allow people to access housing, education, and most jobs, but with exceptions for law enforcement and work with vulnerable populations. Misdemeanor convictions seal after three years and felony convictions seal after seven years, as long as someone is off of parole or probation and has no new charges or convictions. Sex offenses are not eligible for sealing.

 

Not everyone is happy with the act’s passage however. The Sergeants Benevolent Association (SBA) earlier this week issued a statement, saying, “It seems as if we are living in an alternate reality, a world turned upside down. Once again, politicians are floating the idea of providing a clean slate for criminals, including murderers, once they have served their prison sentence. Although supposedly still in the conceptual stage, this imbecilic idea has the support of Gov. Hochul.”

 

The statement continued, “The architects of this insanity are the same elected officials who enacted the disastrous bail reform bills without thinking it through. We believe in second chances and would never want someone who made a bad choice to pay for that transgression for the rest of their life. But there is clearly something wrong with today’s politicians when a Police Officer’s information is laid bare for every criminal or activist to see with a tap on their phone or keyboard and criminals are getting a pass.”

 

SBA officials said that at the same time, the same politicians were willing to “protect career offenders,” many of whom they said already blew through several chances at redemption. “When a rancher mistakenly leaves the gate open and the cattle escape, they don’t make the same mistake twice. Politicians have already opened the gates with bail reform – with catastrophic results. This latest attempt at social reform must be vetted under a microscope if legislation is ever presented.”

 

The statement continued, “While the politicians are at it, protections should also be put in place regarding the honest Police Officers negatively affected by 50-a regulations. How about starting with sealing the records in instances that were unfounded or unsubstantiated? Or sealing all 50-a records after a period of time, which is what is being suggested for criminals? How about our elected officials utilizing common sense by not letting their political ideologies get in the way of public safety, not only by inane legislation but also the daily drum beat of police vilification?”

 

In somewhat related news, Norwood News previously reported on concerns raised by some New York City residents over a proposed City law, the Fair Chance for Housing Act. Protestors from across the five boroughs gathered on the steps of City Hall on Dec. 7, 2022 to rally against Intro. 632, a bill that, if passed, would prohibit some building owners and landlords from conducting background checks on prospective tenants at any point during the rental process.

 

The bill’s supporters say it is needed in order to give the formerly incarcerated who have served their time the opportunity to find housing, as New Yorkers continue to grapple with the ongoing affordable housing crisis.

 

According to the bill’s text, the Fair Chance for Housing Act would apply to people who have been convicted of a crime or who have a pending legal case against them, even if the offense in question is for a high-level crime like murder. If passed, the law would be enforced by the City’s Commission on Human Rights.