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    • The Clean Slate Act goes into effect on November 16. What it means for formerly incarcerated people.
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    The Clean Slate Act goes into effect on November 16. What it means for formerly incarcerated people.

    Online Niel Posted on

    They say if you do the crime, you do the time. But what if you’ve done your time, but you’re still paying for it? Legal advocates word this is the case for more than 1 million New Yorkers eligible for the Clean Slate Act, which takes effect on November 16.
    New York is the 12th state to enact the law sealing legal convictions as eligible for certain civil background check purposes. Formerly incarcerated people tell News 12 their past mistakes follow them even after release due to discrimination from employers and housing opportunities. Research shows that these obstacles can increase the chances of re-offending because their options are few.

    “It makes you feel like you’re still the same person you were when you went (to prison),” Criminal Justice reform advocate Terrel Hall told News 12. “Even though you’re not that person anymore… It all adds up to mass incarceration in black and brown communities.”

    At just 20 years old, Hall was sent to 16.5 years in a state and federal prison. He now serves as the Director of the Transformative Prison Task Force (TPW-NY). Currently, the group is advocating in the state capital for laws such as Marvin Mayfield Law, which eliminates mandatory minimum sentences.

    “Imagine this: being judged by the biggest mistake you’ve ever made in your life.” Harris added. “What do you think that does to a person?”

    The Bronx Defenders say the Clean Slate Act removes barriers to progress for people in communities they say are already marginalized.

    “All of us may have done things that we’re not proud of, and if in our community we believe that once you pay your debt to society, you should be able to reintegrate and re-enter.” said Brittany McCoy, Managing Director of Policy at The Bronx Defenders.

    Not all convictions will be automatically sealed. With the exception of drug offenses, most Class A felony convictions, including murder and sex offenses, will not be sealed.. There are other requirements:

    • For felony convictions, a person’s records are eligible to be sealed three years after conviction or three years after release from prison.
    • For felony convictions, a person’s records are eligible to be sealed eight years after conviction or eight years after release from prison.
    • To have files sealed, the person must not be on probation, post-release supervision, or parole. Also, the person must not have any pending criminal case
    • If someone is convicted of another felony or misdemeanor before the original record is sealed, the waiting period starts over. The waiting period is three years for misdemeanors and eight years for felonies, as explained above.

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