Clean Slate Act (CPL §160.57)

Understanding New York State's Clean Slate Act (CPL §160.57): A Comprehensive Overview

On November 16, 2024, New York State will implement the Clean Slate Act, codified as Criminal Procedure Law §160.57. This legislation aims to automatically seal certain criminal records, thereby facilitating reintegration into society for many individuals. By removing barriers to employment, housing, and education, the Act promotes a more inclusive and equitable community.

Key Provisions of the Clean Slate Act

  • Automatic Sealing of Convictions: The Act mandates the automatic sealing of eligible misdemeanor and felony convictions after specific waiting periods:

    • Misdemeanors: Sealed three years after sentencing or release from incarceration, whichever is later.

    • Felonies: Sealed eight years after sentencing or release from incarceration, whichever is later.

  • Eligibility Criteria: To qualify for automatic sealing, individuals must:

    • Have no pending criminal charges.

    • Not be under probation, parole, or post-release supervision.

    • Maintain a clean record during the waiting period.

  • Ineligible Offenses: Certain convictions are excluded from automatic sealing, including:

    • Class A felonies not related to drug offenses (e.g., murder).

    • Offenses requiring sex offender registration.

Implementation Timeline

The New York State Unified Court System has until November 16, 2027, to establish the necessary processes to identify and seal all eligible records. Individuals or their legal representatives can request a review if they believe their records should have been sealed but were not.

Access to Sealed Records

While sealed records are generally inaccessible to the public, they remain available to:

  • Courts and prosecutors during new criminal proceedings.

  • Law enforcement agencies for investigative purposes.

  • Entities conducting fingerprint-based background checks as mandated by state or federal law, especially for positions involving work with vulnerable populations.

  • Licensing authorities processing firearm applications.

Impact on Employment and Housing

By sealing eligible criminal records, the Clean Slate Act aims to reduce discrimination in employment and housing. Employers and landlords conducting standard background checks will not have access to sealed records, thereby providing individuals with a fairer chance to secure jobs and housing.

Economic and Social Benefits

The Act is expected to:

  • Enhance public safety by reducing recidivism rates.

  • Boost the state's economy by expanding the workforce with qualified individuals previously hindered by past convictions.

  • Promote fairness and equity within the criminal justice system.

Limitations and Considerations

It's important to note that the Clean Slate Act does not expunge records; it seals them. Sealed records can still be accessed by certain entities, and the Act does not apply to federal or out-of-state convictions. Individuals with such convictions should consult the relevant federal or state laws to explore potential avenues for record sealing or expungement.

Conclusion

The Clean Slate Act represents a significant step toward restorative justice in New York State. By removing the enduring stigma of a criminal record for those who have served their sentences and remained law-abiding, the Act provides a genuine second chance, fostering stronger and more stable communities across the state.

For more detailed information, visit the New York State Unified Court System's official page on the Clean Slate Act.

Andrew Mancilla