On November 16, 2024, New York will enact the Clean Slate Act, marking a significant shift in the state’s approach to criminal justice and economic opportunity. This landmark legislation will automatically seal certain criminal history records, fundamentally altering the landscape for individuals with past convictions, and providing a fresh start for millions.
The Clean Slate Act represents a nuanced balance between public safety and rehabilitation. It does not seal records for sex offenses, murder, domestic terror, and other non-drug Class A felonies. Furthermore, sealing is contingent upon the completion of parole or probation and the absence of new criminal charges. The legislation also ensures that law enforcement and certain employers, such as those in education and healthcare, maintain access to these records for necessary background checks.
The rationale behind the Clean Slate Act is rooted in a deeper understanding of criminal justice and socioeconomic realities. A criminal record can severely limit an individual’s ability to find employment, secure housing, and pursue educational opportunities, perpetuating cycles of poverty and recidivism. This barrier is particularly impactful on communities of color, who are disproportionately represented in the criminal justice system. In New York, the annual economic loss due to reduced earnings of individuals with unsealed records is estimated to be $12.6 billion.