This is what the Oneonta Daily Star in New York had to say recently about the Clean Slate Act enacted there:
America is known as the land of second chances. Recent legislation has made that idea more of a reality for many with checkered pasts.
On Nov. 16, New York Gov. Kathy Hochul signed into law S.7551A/A.1029C, otherwise known as the Clean Slate Act.
This legislation will automatically seal criminal records for certain individuals who have served their time in prison and remain out of trouble after their release.
Most criminal records will be sealed three years after time has been served or parole completed for a misdemeanor and eight years for felonies. Sex crimes and Class A felonies such as murder or terrorism are not eligible.
New York is now one of a dozen states that have passed similar measures in recent years.
Employers can still ask about convictions at any point in the hiring process, but they must consider whether they have any bearing on the candidate’s ability to do the job in question.
The idea of clean slate policies is a divisive one to say the least and one that is only growing more prominent due to massive incarceration across the country.
More than 2 million people in New York have criminal convictions according to a study conducted by the Data Collaborative for Justice.
In New York City specifically, 80% of people with criminal conviction records are Black or Latinx.
Finding employment is statistically more difficult for nonwhite people and becomes a downright Herculean task when a criminal record is thrown into the mix.
Clean slate policies have received support from reformers who have sought to lessen the stigma of people who committed nonviolent crimes trying to live down one mistake for the rest of their lives.
The Clean Slate Act affects how employers conduct background checks while also signaling a shift towards encouraging opportunities for those with criminal records looking to reintegrate into society.
Defenders of the act also point to how it can limit discrimination in hiring and emphasizing fair evaluation.
Business groups have noted how an increase in the labor pool will serve to strengthen the economy amid a nationwide labor shortage.
Studies have shown that New York’s previous reluctance to embrace clean slate policies has led to negative economic effects due to reduced earning potential from prospective employees.
When signing the bill, Hochul said that, “The best crime-fighting tool is a good-paying job.”
There’s plenty of truth to that statement. But there are also plenty of reasonable objections to clean slate legislation.
The most obvious downside is that it can be seen as dismissing criminal behavior. A situation can arise where a job opportunity comes down to two equally qualified candidates, one with a criminal record and one without a blemish on their resume.
If the former receives the job, how is the latter supposed to feel about having done everything right?
Some employers feel they have a right to know whether or not a candidate has committed a crime, serious or not.
Clean slate legislation would leave employers guessing, which could actually end up harming the job prospects of people of color who never committed a crime since, as mentioned above, they overwhelmingly fall into the category of those having criminal records, especially for minor offenses.
Some have pointed out that there is already an existing record-sealing statute that people can use to apply to have their records sealed (though it’s worth noting that this process is extensive, expensive and rarely successful).
Another key dissenting viewpoint involves police reform and that while expunging these records would help those who may have been wrongfully convicted, it would be a setback in bringing about reform for over-policing, racial injustice and other past abuses of power.
It’s clear that these clean slate policies will not solve every problem. But the point is that they are here now and everyone needs to accept that and embrace it.
Whether or not you believe people who committed crimes deserve a second chance, it’s time to prepare to make room for them in the world.
