The Westchester County Board of Legislators has thrown its support behind New York state’s proposed “Clean Slate” legislation. The proposal pending in Albany would automatically seal criminal records from civil review in certain cases for people who have completed their sentences and probation, and have maintained a clean record for some years thereafter. It is intended to help people get back on their feet after serving their time, and to reduce recidivism.
Connecticut, Pennsylvania, Utah, Michigan, and Delaware already have similar laws on the books. By a vote of 15-2, the board adopted a resolution supporting the state proposal at its Feb. 7 meeting. “We say in America that we believe in rehabilitative justice, and this proposal helps put that into practice,” Board Chairwoman Catherine Borgia. “It doesn’t expunge criminal records—if someone is arrested again, these records will still be available to police and prosecutors, and courts.
This legislation gives people who have served their time and maintained a clean record a better chance to find work, to find quality housing, and to put their lives on track. We know that creating these opportunities reduces crime and increases social stability in the long run, not just for individuals but for families and generations. This is a community safety measure. It is an economic measure. It is a social justice measure.”
Under the current proposal pending in Albany, criminal records would automatically be sealed for most civil purposes when a person has completed their
sentence and probation and kept a clean record for three years in the case of misdemeanors and seven years in the case of felonies. Several exemptions exist in the current proposal including for sex offenses and in cases where entities are required under other laws to conduct fingerprint background checks and with respect to the licensing of firearms.
“When someone, particularly a young person, is convicted of a crime, serves their sentence, and is released from prison back into society to start over, what
do they do?” asked Board Vice Chair Nancy Barr. “If they can’t go to school or find a job or get an apartment because of their past criminal record, they are
more likely to return to crime as a means to support themselves. So, even if you don’t believe people deserve a second chance, if you are concerned about public safety this is a law that makes sense.”
(Submitted)
