Do you support automatic sealing of criminal convictions after a certain period of time?
The so-called “clean bill” was introduced by State Senator Zellnor Myrie, a Democrat whose 20th Senate District includes parts of Brooklyn.
according to bill textcriminal convictions are automatically sealed after three years for misdemeanors and seven years for felonies.
If approved, the law would make it an “unlawful act of discrimination” to ask about someone’s arrest or criminal charges for licensing, housing, employment, volunteer positions or the provision of credit or insurance.
The bill also states that defendants who claim to have been “aggrieved” by the violation will have grounds to seek punitive damages or “other remedies that may be appropriate.”
Supporters argue the legislation would make it easier for those with criminal convictions to find work or obtain housing.
“Individuals who commit crimes to pay back their debts to society should not carry a criminal record forever,” the bill’s text reads.
“We cannot expect successful recovery without providing these individuals with a path forward that is not hindered by past mistakes.”
Opposition to the move included Suffolk County District Attorney Raymond Tierney, who criticized it as dangerous and irresponsible Columns published on TuesdayJune 6th.
“It’s much the same as our New York legislature. Everywhere they look to protect criminals at the expense of victims and honest, hardworking citizens,” Tierney said, noting that the bill would also impose restrictions on vehicular homicide, burglary, robbery and kidnapping convictions.
“This process does not allow any input from victims of crime, judges or prosecutors. In fact, it would become illegal for citizens to ask a murderer if they applied to work or live with them,” he said.
Tierney went on to list several options he thinks could be implemented under the new law, including targeting businesses looking to hire and businesses looking for roommates.
“Are you going to hire a bookkeeper? Well, you won’t be able to find out if your applicant has stolen millions of dollars, put their previous employer out of business, or used their past fiduciary status to steal identities and banking information.
“Are you looking for a roommate to live with and care for elderly relatives? Your new roommate could be convicted of crimes like elder abuse, robbery or kidnapping that you’ll never find out,” he continued.
“Are you guys hiring people to watch animals in overnight boarding? They could have a conviction for animal cruelty, and you’ll never find out about that conviction.”
Tierney argued that the proposed law would “knock out” increased penalties for repeated DUIs, animal cruelty and prior firearms convictions.
“In rushing to help convicted criminals, our legislators are setting aside decades of criminal law development that protected victims and helped keep us safe,” he said.
“Like the ill-advised bail reforms enacted in Albany, our legislators ignore the victims, mitigate the consequences that serious criminal activity should logically have, and allow predatory, previously convicted felons to prosecute potential future criminals. Victims conceal their prior behavior.
“The danger of repeat criminal activity will be passed on to victims and to all New Yorkers. Of course, this is unacceptable, but it is regrettable given that the New York State Legislature has recently been prioritizing the rights of criminals over the rights of victims.” No surprise.”
The Clean Slate Act (Senate Bill S211) is listed as “on the floor calendar” but has not yet been voted on.
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