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Do you support automatically sealing criminal convictions after a period of time?
- Yes
- No
The so-called “Clean Slate Act" was introduced by State Senator Zellnor Myrie, a Democrat whose 20th Senate District includes parts of Brooklyn.
According to the bill text, criminal convictions would be automatically sealed after three years for misdemeanors and seven years for felonies.
If approved, the law would make it an “unlawful discriminatory practice” to inquire about someone’s arrest or criminal accusations when it comes to licensing, housing, employment, volunteer positions, or providing credit or insurance.
The bill also states that defendants claiming to be “aggrieved” by a violation of the law will have a cause of action for punitive damages or “other remedies as may be appropriate.”
Supporters argue the legislation will make it easier for those with criminal convictions to get a job or secure housing.
“Individuals who commit a crime and later pay their debt to society should not be perpetually burdened by a criminal record,” reads the bill’s text.
“We cannot expect successful rehabilitation without providing these individuals with a way forward that is not encumbered by their past mistakes.”
Among those opposing the move is Suffolk County District Attorney Raymond Tierney, who criticized it as dangerous and irresponsible in an op-ed released Tuesday, June 6.
“This is more of the same from our New York Legislature. They seek at every turn to protect criminals at the expense of victims and honest, hard-working citizens,” Tierney said, noting that the bill would also seal convictions for vehicular homicide, burglary, robbery, and kidnapping.
“This process does not allow any input whatsoever from crime victims, judges, or prosecutors. In fact, it will make it illegal for citizens to ask if a murderer is applying to work or live with them,” he said.
Tierney went on to list several scenarios that he said could play out under the new law, including for businesses looking to hire, and those looking for roommates.
“Are you hiring a bookkeeper? Well, you won’t be able to find out if your applicant previously stole millions of dollars, put their last employer out of business, or exploited their past fiduciary position to steal identities and banking information.
“Are you looking for a housemate to live with and look after an elderly relative? Your new housemate may have convictions for crimes ranging from elder abuse, robbery or kidnapping and you would have no way of ever finding out,” he continued.
“Are you hiring someone to watch animals boarded overnight? They may have been convicted of animal cruelty and again, you would have no way of ever learning of this conviction.”
Tierney argued that the proposed law would “eviscerate” increased penalties for repeated drunk driving, animal abuse, and prior firearms convictions.
“In their rush to help convicted criminals, our legislators are throwing out decades of criminal law developments that protect victims and help keep us safe,” he said.
“Just like the ill-advised bail reform imposed by Albany, our legislators are ignoring victims, lessening the consequences that should logically flow from serious criminal activity and allowing predatory previously convicted felons to hide their prior conduct from potential future victims.
“The danger of repeat criminal activity will be passed on to victims and all New Yorkers. Of course, this is unacceptable, but given the New York State Legislature’s recent history of consistently placing the rights of criminals above those of their victims, it’s sadly not surprising.”
The Clean Slate Act (Senate Bill S211) is listed as being "on the floor calendar" but has yet to come up for a vote.
Do you support the "Clean Slate Act"? Sound off in our poll above.
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