New York Governor Signs Law Sealing Millions of Criminal Records From Public View
by Douglas Ankney
In late 2023, New York Governor Kathy Hochul signed the Clean Slate Act into law, permitting millions of criminal convictions to be sealed. “With the signing of this law, it adds to our momentum to get people back to work, give them those opportunities,” said Hochul.
Under the Clean Slate Act’s provisions, criminal convictions in the state of New York will automatically be sealed from public view once the convicted person completes a waiting period after incarceration (set at three years for misdemeanors; eight years for felonies). Sealing of the records means they are hidden from potential employers and housing providers.
However, sex offenses and Class A felonies are excluded from the Clean Slate Act. Furthermore, some state, local, and federal agencies will be permitted to view the sealed records in limited circumstances. And “[s]chools, police agencies, and facilities dealing with vulnerable groups will also have access to sealed convictions for employment purposes.” The Clean Slate Act becomes effective in November 2024 with the New York State Office of Court Administration having up to three years to seal all eligible records.
Source: brooklyneagle.com
More from this issue:
- Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings
- Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, by David Reutter
- Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret, by Jo Ellen Nott
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, by Anthony Accurso
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, by Matthew Clarke
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, by Douglas Ankney
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, by Anthony Accurso
- What Happens When Prosecutors Offer Opposing Versions of the Truth?, by Ken Armstrong
- New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements, by Douglas Ankney
- Research Shows It Makes Sense to Hire Individuals with Criminal Records, by Jo Ellen Nott
- Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay, by Douglas Ankney
- AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique, by Jo Ellen Nott
- Does the Fourth Amendment Protect Cellphones at the Border?, by Douglas Ankney
- New York Governor Signs Law Sealing Millions of Criminal Records From Public View, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial, by David Reutter
- California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, by Anthony Accurso
- Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination, by Anthony Accurso
- Tracking Your Cellphone Might Be Easier Than You Think, by Michael Thompson
- Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence, by David Reutter
- Time Served Under the First Step Act: Reduction, Not Revolution, by Jo Ellen Nott
- One Year of New Orleans Police Department Facial Recognition Data, by Michael Thompson
- Police Bodycams: If You Film It …, by Michael Thompson
- The FBI’s Rapidly Expanding DNA Database, by Anthony Accurso
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, by Dale Chappell
- ‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole, by Jo Ellen Nott
- New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error, by David Reutter
- Potential Dangers of Medical Monitors, by Michael Thompson
- FBI’s Bias for Keywords, by Carlo Difundo
- Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction, by Jo Ellen Nott
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, by Anthony Accurso
- News in Brief
- ‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice, by Douglas Ankney
More from Douglas Ankney:
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- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024
- California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, May 15, 2024
- Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, May 15, 2024
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024
- New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, May 15, 2024
- Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, May 15, 2024
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024
More from these topics:
- Police Body Cameras, A Decade Later, May 15, 2024. Police Misconduct, Public Records Act, Police State-Surveillance, Police/Govt Misconduct.
- Fourth Circuit Finds No Defamation for Inaccurate Media Reporting of Criminal Record of Former Federal Prisoner in West Virginia, April 26, 2024. Media, Criminal History, Prior Conviction/Sentence/Incarceration, Defamation.
- Lawsuit By California Youth Alliance Prompts County Probation Chiefs to Dissolve Secretive Nonprofit, April 26, 2024. Contractor Misconduct, DOC/BOP misconduct, Open Meetings, Public Records, Public Records Act, halfway houses, Juvenile Offenses/Offenders, Probation, Parole & Supervised Release.
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, April 1, 2024. Prisoner-Prisoner Assault, Jail Misconduct, Jail Specific, Wrongful Death, Excessive Force (Wrongful Death), Public Records Act.
- California Adds Statewide Detention Monitors Overseeing Local Jails, April 1, 2024. Corrections Audits, Jail Specific, Wrongful Death, Public Records Act.
- HRDC Awarded Over $130,000 in Legal Costs and Fees for Defendant’s “Bad Faith” in Maine Records Lawsuit, April 1, 2024. Attorney Fee Awards, Public Records Act, HRDC Litigation.
- South Carolina Sheriff Ordered to Pay $37,500 in Fees and Costs in Jail FOIA Case, March 1, 2024. Attorney Fee Awards, Public Records Act, Freedom of Information Act (FOIA).
- Michigan Supreme Court: DOC Owes Attorney Fees in Public Records Case Even if Plaintiff Is Represented Pro Bono, Feb. 1, 2024. Attorney Fee Awards, Public Records, Public Records Act.
- Ohio Prisoner Wins $2,000 Settlement for Guard Abuse Claims, Loses Appeal to Uncover Identity of Prison Officials Who Negotiated It, Feb. 1, 2024. Settlements, Mandamus, Public Records, Public Records Act.
- Inmate Records Released from Closed Washington Psychiatric Lockup, Feb. 1, 2024. Civil Commitment, Public Records Act.