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A1029C

An act to amend the Criminal Procedure Law regarding automatic sealing of criminal records (Clean Slate Act) — 2023-06-09 · Calendar #1827

The New York State Senate passed the Clean Slate Act on a 37-25 party-line vote, advancing legislation that would automatically seal criminal records for an estimated 1 million New Yorkers with conviction histories. A1029C, sponsored by Sen. Zellnor Myrie, would seal misdemeanor convictions three years after sentence imposition and felony convictions after eight years, provided individuals remain charge-free. Class A felonies are excluded except certain drug offenses, and individuals on parole remain ineligible. The bill represents a significant shift in criminal justice policy, with supporters arguing it addresses systemic inequalities and removes barriers to employment, housing, and education for people who have served their sentences. "Clean Slate is a jobs bill, it's an education bill, it is a housing bill," Myrie said, citing statistics showing 73 percent of people with conviction records have remained crime-free for at least 10 years. Opponents, led by Sen. Palumbo and Sen. Murray, raised concerns about victim protections and the message the bill sends to crime victims. Sen. Murray argued the legislation prioritizes criminals over victims who "don't get a second chance" and "don't get to seal their memories away." The bill includes a civil liability shield protecting employers from negligence claims related to sealed records, a provision that drew criticism from Sen. Borrello as a "gift to big corporations." The Assembly passed identical legislation earlier in the day. The bill takes effect one year after enactment.
PASSED Ayes: 37 · Nays: 25

Debate Summary

The Clean Slate Act would automatically seal criminal records after three years for misdemeanors and eight years for felonies, provided individuals remain charge-free. Class A felonies are excluded except certain drug felonies, and individuals on parole are ineligible. Supporters argued the bill addresses systemic inequalities, provides redemption opportunities, and removes barriers to employment and housing for the 1 million New Yorkers with conviction records. Opponents raised concerns about victim protections, the civil liability shield for employers, unlimited sealing opportunities, and the message sent to crime victims, arguing the bill prioritizes criminals over those harmed by crime.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Bailey aye Democrat
Brouk aye Democrat
Cleare aye Democrat
Hinchey aye Democrat
Jackson aye Democrat
Krueger aye Democrat
Myrie aye Democrat
Rivera aye Democrat
Addabbo nay Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Mannion nay
Martinez nay Democrat
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Rolison nay Republican
Scarcella-Spanton nay Democrat
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican

Amendments

Sponsor Description Outcome
Sen. Palumbo Amendment to add law enforcement disciplinary records to automatic sealing provisions three years after disposition with no pending complaints or civil cases defeated