New York's Clean Slate Act sparks controversy over criminal record sealing

Governor Kathy Hochul is expected to sign the Clean Slate Act on Thursday, a move that will automatically seal certain criminal records in the state. The act will seal records after three years for individuals who committed a misdemeanor and after eight years for those who committed a felony (except for Class A felonies) and are not registered sex offenders.

The act has sparked controversy as it extends record sealing even for serious crimes like manslaughter and certain violent offenses. Advocates argue it offers a fresh start for some, while opponents believe it poses risks to public safety, the New York Post reports.

Under the Clean Slate Act, individuals who accepted plea deals or were convicted of manslaughter will have their records sealed, potentially impacting the ability of employers and organizations to conduct background checks.

Critics of the act argue that it could put vulnerable populations at risk.

While the act includes provisions to protect such populations, access to sealed records will primarily be limited to agencies and employers already conducting fingerprint or background checks. This means that everyday people may not have the means to conduct their own checks when hiring in-home babysitters, house cleaners, or caregivers for elderly relatives.

Concerns also revolve around the lack of programs to track re-offense rates after record sealing and the absence of a national background check system.

Critics of the Clean Slate Act argue that simpler, common-sense alternatives, such as expanding the sealing process and providing resources through public-defender or district-attorney offices, could offer second chances to those deserving of them while maintaining public safety.