New York law sealing criminal records for certain offenses takes effect – JURIST

A New York law sealing certain criminal records took effect on Saturday, one year after New York Governor Kathy Hochul signed it into law. 

The Clean Slate Act automatically seals criminal records for individuals’ convictions after they complete any resulting “incarceration, parole, probation, or post-release supervision” and avoid subsequent criminal convictions. Under the law, criminal records for convictions of certain vehicle and traffic laws are sealed after three years from the conviction. For misdemeanor and felony convictions, criminal records are sealed after three years and eight years, respectively, from the end of incarceration or the imposition of an alternative sentence if “the defendant does not have a subsequent [New York] criminal charge pending … [and] is not currently under the supervision of any probation or parole department for the conviction eligible for sealing.” Additionally, the defendant cannot have “a subsequent felony charge pending [or felony conviction in the preceding eight years] in another jurisdiction” unless it is “related to reproductive or gender affirming care or the possession of cannabis which would not constitute a felony in New York.” The law does not extend eligibility for sealing criminal records for felony convictions of sexual offenses and various violent offenses classified as Class A felonies.

The Clean Slate Act, however, allows sealed criminal conviction records to be accessed under limited circumstances, primarily by certain public officials or for legal proceedings purposes. Moreover, defendants cannot waive their eligibility for sealing applicable criminal records by plea bargaining regarding New York legal violations. The law provides that people may sue anyone for damages if they substantially injure a person by intentionally disclosing sealed criminal records for convictions without the person’s consent.

The New York State Assembly Republican Conference stated that the law has worsened New York’s public safety, pointing to numerous violent offenses that may have their criminal conviction records sealed.

New York State Senator Zellanor Myrie was the primary sponsor of the law. He shared on X (formerly known as “Twitter”): “Clean Slate means a stronger economy and safer communities. That’s why this law has the broadest coalition in state history behind it: business leaders, labor, law enforcement, advocates, faith leaders and more.” New York Governor Hochul also expressed pride in giving a second chance to “individuals who have paid their debt to society, stayed out of the criminal justice system and are looking for a fresh start.”

The Clean Slate Act came into effect exactly one year after Governor Kathy Hochul signed it into law.