Clean Slate Law takes effect Saturday in New York

ALBANY, N.Y. (NEXSTAR) — New York’s criminal record-sealing Clean Slate Law begins on November 16. It automatically seals certain records while increasing access to jobs, housing, and education.

Misdemeanors get sealed three years after sentencing or release, and felonies after eight years, so long as people serve their sentences and stay out of trouble. Any cases with ongoing criminal charges, probation, or parole would not be eligible. The law features many exceptions, so sex crimes, murder, and other serious non-drug-related felonies remain public.

Courts and agencies have until November 2027 to complete the sealing process. Even so, however, law enforcement investigations, legal proceedings, and employers in sensitive fields requiring background checks can still access sealed records.

The law—S7551A/A1029C—takes effect one year after being signed, which Gov. Kathy Hochul did on Nov. 16, 2023.

As of May 2023, "77% of convictions in New York State are for misdemeanors, and 76% of New Yorkers with a conviction record have a misdemeanor as their most serious offense," according to a Brennan Center analysis. "Most sealed convictions would be misdemeanors, and most beneficiaries would be people who have never been convicted of a felony."

Although the law is supposed to strike a fair balance between accountability and second chances, critics argue that the law will risk public safety and lead to misuse of sealed records. They also warn that it would compromise judicial discretion.

But supporters have said it will help anywhere from 500,000 to 2 million rehabilitated people. A New York City Comptroller report estimated that those individuals—almost 80% from Black, Latin, and Hispanic communities—will earn about $2.4 billion more in annual wages. And that's while adding over $7 billion to New York's economy every year.

Criminal convictions aggravate the effects of poverty, limiting job prospects, access to professional licenses, and eligibility for housing. They significantly reduce earning potential, costing New Yorkers about $12.6 billion in lost wages every year.

Clean Slate supporters also say it would lower recidivism and address longstanding racial disparities in the criminal justice system. Data shows that over 6.6 million criminal convictions affected 2.2 million people in New York from 1980 to 2021. Comprising 15% of the population, Black people accounted for 42% of convictions over those four decades.

Conviction rates for Black New Yorkers were about three times higher than for white New Yorkers statewide, and almost six times higher in New York City. But even though the Five Boroughs saw the greatest disparities in conviction rates, it's not just a New York City issue. The city accounts for 38% of individuals with criminal records, compared to 44% living upstate, and the rest in the downstate suburbs.

Resolutions supporting Clean Slate passed in 15 cities and counties statewide, including the city, Buffalo, and Albany. High-profile backers included Microsoft, Verizon, and JPMorgan Chase—as well as business groups and unions representing over 2 million workers—praised the potential economic boost that will create a bigger pool of job applicants. Plus, similar laws already exist in Michigan, Connecticut, Utah, and eight other states.