New York lawmakers consider bill to automatically seal old criminal records
The lobby outside the New York state Senate Chamber is seen as lawmakers debate end of session legislative bills at the state Capitol in Albany, N.Y., Wednesday, June 7, 2023. (AP Photo/Hans Pennink)
ALBANY, N.Y. - People in New York who have old criminal records could have them automatically sealed as long as they remain out of trouble for a certain number of years under a bill lawmakers debated Friday.
The "clean slate" legislation would automatically seal most recent convictions — three years after serving time or parole for a misdemeanor, and eight years for felony convictions. Sex crimes and most Class A felonies, such as murder, will not be eligible for sealing.
Some liberal lawmakers and unions who support the bill say it would give New Yorkers a path forward that is not encumbered by past mistakes. They say a criminal record often means difficulty obtaining secure work and housing.
That's the case for Ismael Diaz Jr., of Long Island, who was released from prison seven years ago and is still struggling to find secure employment.
Diaz, who served almost 10 years in prison for manslaughter, said he went through three rounds of interviews for a janitorial position at a supermarket before being told he was "unemployable" because of his criminal record.
The state Assembly began debating the bill Friday, and the Senate is expected to follow.
Other states, like Utah and Michigan, have passed similar measures. California passed legislation last year that would automatically seal conviction and arrest records for most ex-offenders who are not convicted of another felony for four years.
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Business groups including big companies like JPMorgan Chase and Verizon have also endorsed the New York legislation. They say increasing the labor pool would boost the state’s economy and make the state more competitive.
Under New York state law, employers can ask about conviction records at any point in the hiring process, but they must consider factors such as whether the conviction has any bearing on the person's ability to do the job. But advocates for the legislation say that despite that, those with criminal records face huge barriers to stable employment.
Nearly 2.2 million people in New York have criminal convictions, according to a study by the Data Collaborative for Justice, a research center at John Jay College. The study is based on New Yorkers who had convictions from 1980 to 2021.
But Republican lawmakers and victim advocacy groups have criticized the legislation, warning it will take away accountability for those who have committed crimes.
"What I see is a state in the nation moving towards, no one has to be responsible for the consequences of their actions," said Republican Assemblyman Angelo Morinello during floor debate Thursday.
Morinello said he favors an existing sealing statute in New York where people could apply to seal their records depending on the type of conviction and whether they’re a repeat offender. But advocates for the state’s "clean slate" bill said the application process is lengthy, cumbersome and expensive.
Less than 1% of New Yorkers eligible for sealing criminal records through that statute have successfully done so, according to a study by Santa Clara University.
The automatic sealing would not apply to a person who has a pending felony charge in another state.
New York Gov. Kathy Hochul speaks to reporters about end of session legislative bills after a swearing-in ceremony for Court of Appeals Associate Judge Caitlin J. Halligan at the New York Court of Appeals in Albany, N.Y., Wednesday, June 7, 2023. (AP
The state Department of Corrections and Community Supervision, in coordination with the state Division of Criminal Justice Services, will be tasked to provide data to state administrative agencies so that they can seal eligible convictions.
Those sealed convictions could be later accessed by any court, prosecutors and defense attorneys under certain conditions, as well as by federal and state law enforcement agencies. Gun licensing agencies, law enforcement employers, and employers for work with vulnerable populations like children and older adults will still be allowed to access the criminal records.
The original version of the bill excluded only sex crimes from automatic sealing and required seven years to pass until a felony conviction could be sealed.
New York Gov. Kathy Hochul said she wants to make sure the bill would not have "any negative, unintended consequences" while also giving those with criminal records a second chance.
"It's not a simple answer. These are complicated issues, far more than people may realize at first glance," Hochul told reporters at an unrelated event earlier in the week.
The bill would go into effect one year after it is signed into law.