Clean Slate Act goes into effect Nov. 16. What it means for formerly incarcerated people.
New York is the 12th state to enact the law that seals eligible legal convictions for certain civil background check purposes.
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They say if you do the crime, you do the time. But what if you’ve done your time but are still paying for it? Legal advocates say that’s the case for over 1 million New Yorkers eligible for the Clean Slate Act, which goes into effect on Nov. 16.
New York is the 12th state to enact the law that seals eligible legal convictions for certain civil background check purposes. Formerly incarcerated people tell News 12 that their past mistakes follow them even after their release due to discrimination from employers and housing opportunities. Research shows these obstacles can increase the odds of offending again as their options feel few.
“It makes you feel like you’re still the same person you were when you went [into prison],” Criminal Justice reform advocate Terrel Hall told News 12. “Even if you’re not that person anymore…It’s all contributing to mass incarceration in Black and brown communities.”
At only 20 years old, Hall was sent away for 16.5 years in state and federal prison. Now he works as the director of Transformative in-Prison Workgroup (TPW-NY). The group is currently advocating in the state capitol for laws like the Marvin Mayfield Act, which eliminates mandatory minimum sentences.
“Imagine that: being judged by the worst mistake you've ever made in your life.” Harris added. “What do you think that does to a person?”
The Bronx Defenders says that the Clean Slate Act removes barriers to progress for people in communities that they say are already marginalized.
“We all may have done things that we are not proud of and if in our community, we believe that once you pay your debt to society, you should be able to reintegrate and reenter.” said Brittany McCoy, Managing Director of Policy at The Bronx Defenders.
Not all convictions will be automatically sealed. With the exception of drug offenses, most Class A felony convictions, including murder and sex offenses, will not be sealed. There are other requirements:
For misdemeanor convictions, a person’s dockets are eligible to be sealed three years after sentencing or three years after release from incarceration
For felony convictions, a person’s dockets are eligible to be sealed eight years after sentencing or eight years after release from incarceration
To have dockets sealed, the person must not be on probation, post release supervision, or parole. The person also must not have any pending criminal cases
If someone is convicted of another misdemeanor or felony before the original docket is sealed, the waiting period starts over. The waiting period is three years for misdemeanors and eight years for felonies, as explained above.
