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���������� Note: The legislature has just announced another budget deadline extension which will make the new deadline this Friday evening. This gives us yet another week to fight for the items we know are needed, including the 8.5% COLA, Daniel’s Law, and Clean Slate! The inclusion of Clean Slate will go a long way to righting the wrongs disproportionately placed on people of color throughout the criminal justice system, many of whom live with major mental health and addiction related challenges. The legislature is still debating whether to include this bill. You can support Clean Slate today by urging your legislators to include this in the final budget. Click to send emails, tweets, and calls to your representatives!

‘Clean Slate’ Bill Part of Budget Talks, but Faces an Uncertain Future
By Raga Justin | Times Union | April 24, 2023

ALBANY – Legislation seeking to automatically seal criminal records of ����������ers failed to overcome objections at the 11th hour during last year’s session  – but those pushing it have said the measure may fare better among current protracted budget discussions, many of which have centered on public safety and criminal justice proposals.

“Clean Slate” legislation would automatically seal certain criminal records after those convicted of a crime have completed incarceration and completed either a three-year waiting period for misdemeanors or a seven-year waiting period for felonies, though the bill contains various carve-outs, including one that would allow certain agencies to view records before granting firearm licenses. People eligible for sealing also cannot be under probation or on parole for the eligible conviction.

If a criminal record is sealed, that means it still exists and can be accessed in certain cases. But fingerprint records, booking photos and DNA samples may be destroyed, according to the Office of Court Administration. Records can’t be accessed or readily viewed by the public – including prospective employers.

The issue has been invoked along with changes to the retooled bail statute proposed by Gov. Kathy Hochul’s office, which dominated budget discussions for weeks. During a recent news conference, Senate Majority Leader Andrea Stewart-Cousins said her conference – where the legislation originated – is still supportive of the measure but pointed to Hochul’s concerns around the time period before records would be sealed.

In a statement, Hochul spokeswoman Hazel Crampton-Hays did not mention Clean Slate, but instead pointed to the administration’s funding for community-based programs that help remove barriers to reentry.
Proponents say that while sealing is already available in ���������� for a certain swath of convictions, the process can be lengthy and is often under-utilized. They also say that having a criminal record can hinder almost every aspect of life – from renting an apartment to attending school.

A 2020 Harvard Law Review study of expungement data in Michigan called the barriers that come with having a criminal record “the new civil death.” That study found that while employers can voluntarily hire people who have been formerly incarcerated, many often shy away from doing so for a variety of reasons – including bias or stigma.

Gregory Arnold, a 42-year-old Capital Region resident, said his own record stemming from drug-related felonies more than 10 years ago has made finding work complicated. Arnold said providing for his two young children has become complicated as a result.

He will often sit down with prospective employers and feel like an interview is going well, only to never hear about the job again, Arnold said.
“It’s frustrating, especially when you’re trying to make good choices and do positive things.” Arnold said. “But there’s people that sit in positions of power to go ahead and judge you and deny you those opportunities.”

The measure has gained significant support among certain prominent business groups. Paul Zuber, executive vice president of the Business Council of ���������� State, said the council decided to support the legislation party because of the compelling economic case for easing barriers to workforce reentry. Zuber cited a recent study by the U.S. Chamber of Commerce that estimated the cost of excluding those with criminal histories from the workforce could be between $78 billion and $87 billion in losses to the gross domestic product – the total output of goods and services.

Zuber said several members of the council have reported largely favorable experiences through voluntarily hiring people with conviction records.

“They’ve found that formerly incarcerated people tend to be the most loyal and dedicated employees,” Zuber said. “They tend to show up on time, and not to miss work. The statistics have been incredibly positive.”
Zuber also said the council has worked with bill sponsor state Sen. Zellnor Myrie, D-Brooklyn, to address employer hiring concerns, including in certain industries such as the financial sector.

Previous concerns by the state Education Department led to similar concessions last year, allowing entities that already require fingerprinting as part of the hiring process to access sealed records – in that agency’s case, especially when the jobs involved direct access to children.

But Republicans in the state Legislature have been reluctant to endorse Clean Slate, espousing concerns that the measure impedes public safety since violent felonies would also be subject to sealing (sex offenses would not be eligible, however).

State Sen. George Borrello, R-Chautauqua County, said he would prefer a compromise position that would have lower-level offenses automatically sealed but to allow employers to view criminal records for those who have committed most other crimes.
“These companies can hire these people right now if they feel that this is a successful model,” Borrello said. “There is nothing stopping them from hiring a formerly incarcerated person. Nothing.”

Borrello said the legislation is not solely held up by Republican concern, pointing to Democratic supermajorities in the Legislature currently. “If they wanted to pass this last year, they very well could have. So, there’s obviously concerns on both sides of the aisle when it comes to this bill,” Borrello said.

Industry heavyweights that have indicated their support for the legislation include JPMorgan Chase and National Grid.

Local councils in the Capital Region have also chimed in on the measure; Schenectady’s City Council passed a resolution supporting Clean Slate when it came up during a meeting earlier this year.