Long Island Pols, Law Enforcement Taking Aim At 'Dangerous' Clean Slate Act

SUFFOLK COUNTY, NY — With Gov. Kathy Hochul signing into law the Clean Slate Act, giving people with a criminal past a clear record, members of state, county, and local government, and local law enforcement agencies plan to gather at Suffolk Police Benevolent Association's headquarters in Brentwood on Friday to discuss its impact.

The news conference, which was organized by Sen. Dean Murray, will include his colleagues from the senate, including senators Mario Matera, Patricia Canzoneri-Fitzpatrick, and Steven Rhoads, as well as assemblymembers Ed Flood, Jodi Giglio, and Steve Stern.

Suffolk County Executive-elect Ed Romaine, Sheriff Errol Toulon, and a representative from the district attorney's office is also expected to attend, as well as Nassau PBA's leadership and Jennifer Harrison, the founder and executive director of Victim Rights NY.

Suffolk PBA President Lou Civello is also expected to speak.

Patch has reached out to Civello for comment.

The law will allow for the automatic sealing of criminal conviction records, including misdemeanors and some felonies. Proponents say the law will allow people with lower-level crimes that they have served their time on to move on with their life, making it easier for them to get a job.

The law will allow certain criminal records to be sealed years after a person is sentenced or released from incarceration, if that person is not convicted of an another criminal act, Hochul's office said.

After an inmate's release, records with eligible misdemeanor convictions will be sealed after three years and those with certain felony convictions, after eight years under the law.

The Clean Slate Act will not seal the records of people convicted of sex crimes, murder or other non-drug Class A felonies, Hochul's office said.

Law enforcement, prosecutors, the state's Education Department, the courts and other groups will continue to have access to all criminal records under the law.

In a statement, Hochul called "the best crime-fighting tool is a good-paying job."

"That’s why I support giving New Yorkers a clean slate after they’ve paid their debt to society and gone years without an additional offense,” she said. “I negotiated a compromise that protects public safety and boosts economic opportunity, and the final Clean Slate Law will help New Yorkers access jobs and housing while allowing police, prosecutors, and school officials to protect their communities."

"And as our state faces a worker shortage, with more than 450,000 job openings right now, this new law will help businesses find more workers who will help them grow, expand and thrive," she said.

Critics of the law say it will create a loophole that will shield criminals and make the state less safe.

"At a time when New Yorkers have made their concern for public safety very clear, the Governor and the Democratic Leadership in Albany have made very clear that they simply don't care," Murray said. "Making Clean Slate the law of the land has made New York less safe."

Murray said that "in many cases, employers and landlords will not have access to full criminal records of potential employees or tenants."

Certain establishments providing services or entertainment to children may not be able to access criminal records of potential employees, even those who have committed crimes against children.

"Our point is we're trying to educate people now on exactly what this does," he said. "This is a dangerous bill."

He criticized a headline on Hochul's website, saying that she just signed a bill that "hopefully expands economic opportunity for New Yorkers" and protects public safety.

"That statement is as absurd as a doctor saying I'm going to cure you by not telling you what's wrong with you," he said.

"Now we have employers that will hire people not knowing their criminal backgrounds and can have someone that was literally convicted of assaulting children or domestic violence felonies that and now work at Chucky Cheese, or renting bouncy houses for kiddie parties — things like this that don't require a fingerprint background check," he said.

People who committed crimes involving animals could also be able to work in an animal shelter, he said.

Murray said he is in the process of helping someone with a criminal record of non violent offenses and is trying to get back on their feet and noted "there is already an existing process that allows you, if you were convicted, to apply to the courts through their judicial system to have your record be sealed but they are taken on a case-by-case a basis for non violent offenses."

He prefers that route as opposed to one broad stroke of wiping the slate clean.

In a statement, Rhoads said, Hochul "yet again continues to favor policies that put criminals before law abiding citizens."

Rhoads said the law will hide criminal records for manslaughter, armed robbery, hate crimes, some terrorism offenses, domestic violence, animal abuse, and arson.

"I do believe in second chances," he said. "But wiping away a criminal’s record clean is not a way to give them that chance. Instead, we should be working with them to provide rehabilitation services back into society."

"We are seeing chaos and lawlessness in our communities without repercussions," he said. "Radical Albany politicians continued pandering to criminals is a snub to those who are victims of their crimes. I will not stand for it and will continue to vehemently defend our communities and put victims and law-abiding citizens first before criminals.”

Mattera also released a statement calling the law "ill-conceived" and noted that criminal records are vital for informed decision-making in employment, housing, and other critical areas.

"This deliberate and radical act undermines the balance of justice and that is why I opposed it in the Senate," he said. "While the pursuit of rehabilitation and reintegration into society is important to our legal system, it is equally important to ensure that any policies put the safety of our residents and our communities first."

"Simply put, we need common sense in Albany and this policy fails on that front," he added.

Also in a statement, Flood said the law is an effort "to mislead the public, landlords, and employers by manipulating a criminal's past."

Sen. Anthony Palumbo, in a statment, said that the "most troubling aspect" of the law is that an offender does not have to engage in any rehabilitation, adding, "they automatically get rewarded under this law.

Supporters of the law came out mostly on party lines in a news release issued by Hochul's office.

Attorney Generall Letitia James said, “The millions of New Yorkers who have paid their dues and are ready to rebuild their lives deserve a second chance. The Clean Slate Act will help ensure our justice system is fairer and more equitable, and help build stronger families and communities by making it easier for formerly incarcerated New Yorkers to find stable housing, good-paying jobs, and quality education."

Office of Court Administration Chief Administrative Judge Joseph Zayas said the court system "strongly supports," noting it "is fully consistent with the judiciary’s ongoing efforts to facilitate the reintegration of individuals with conviction histories, and address the consequences of systemic injustices."

Manhattan District Attorney Alvin Bragg, Jr. said that "by removing barriers to housing, jobs, and education," the law "makes our communities safer and our legal system fairer."

Civil Rights Activists like National Action Network Founder Rev. Al Sharpton called it "a momentous day."

"We know some will do their best to stand in the way of economic and racial justice," he said. "They will try to stoke fear and create needless panic. We will not let them. The best way to keep communities and New Yorkers safe is by allowing people who have paid their debt to society to rebuild their lives and care for their families. Governor Hochul is creating a brighter — and safer — future for New York."

The law was also supported by business leaders.

Business Council of Westchester Executive Vice President John Ravitz said the law "will play a key role" in helping state employers "deal with the ongoing workforce shortage."

"The BCW supported the legislation because it will help a population of New Yorkers who have paid their debt to society and should have the opportunity to have a chance to obtain a job," he said. "The BCW also applauds the sponsors of the bill who listened to the concerns of employees and added strong checks and balances and more liability protections for employers in the bill.”