Clean Slate Act Seals Millions of Criminal Records in New York

ALBANY, N.Y.  — New York’s Clean Slate Act, which automatically seals millions of criminal records, took effect Saturday, offering a fresh start for those who meet specific criteria.

Under the new law, misdemeanor convictions are sealed three years after sentencing or release, while felony convictions will be sealed after eight years. However, individuals with ongoing criminal charges, probation, or parole are excluded, and serious crimes such as murder, sex offenses, and non-drug-related felonies will remain public. Federal crimes and out-of-state convictions are also excluded.

The bill, which passed with support from Democratic lawmakers, was signed into law by Governor Kathy Hochul on November 16, 2023.

While sealed records will remain accessible to law enforcement, legal proceedings, and employers in sensitive sectors, such as education, the law aims to improve access to jobs, housing, and educational opportunities for those who have served their sentences.

“As we work to improve public safety and expand economic opportunity for all, the Clean Slate Act will play a critical role in helping New Yorkers move forward,” Hochul said in a statement.

New York joins around 12 other states, including Pennsylvania, Utah, and New Jersey, in enacting clean slate legislation. However, the law has sparked controversy.

Republican lawmakers have raised concerns that the law may hinder public safety. “Employers and community members need to know if someone has been convicted of certain crimes,” said Assemblyman Josh Jensen (R-Greece).

State Senator Dean Murray (R-East Patchogue) argued that the law undermines public safety, pointing to other criminal justice reforms, such as cashless bail, that he believes have eroded public trust.

Hazel Dukes, president of the New York NAACP, rejected these concerns, saying the law addresses the long-term damage caused by overincarceration. “The damage lingers when those who have paid their debt are still blocked from finding a job or a place to live,” she said.