Local reaction to Clean Slate Act

It’s been close to three years since New York lawmakers approved the legalization of recreational cannabis, but lawmakers have been pondering a way to allow those with misdemeanor and felony charges to get back into the workforce in much the same way it did when recreational cannabis was first approved.

Legislation signed into law by former Gov. Andrew Cuomo in 2021 resulted in thousands of criminal records being expunged and the floodgates opening for thousands more to start legally producing and selling cannabis here in New York.

In instituting this change in state regulation, New York’s lawmakers saw an opportunity to help those whose livelihoods have been damaged through cannabis-related incarceration, now expunged of minor cannabis-related offenses.

Some elected officials in Ithaca and Tompkins County back the changes.

Veterans and those incarcerated for former crimes like low-level cannabis possession before its legalization had opportunities for employment or business ventures, including early access to licensed recreational sales through the state Office of Cannabis Management’s Cannabis Adult Use Recreational Dispensary licensing.

The Clean Slate Act

Signed into law in November 2023, the Clean Slate Act will do much the same for New Yorkers with eligible misdemeanor convictions, sealing their criminal record 3 years following their release and people with certain felony charges, after 8 years.

People with convictions cannot re-offend during this time, or that period restarts.

This new system will take effect in November officials said.

Local political support

Tompkins County District Attorney Matthew Van Houten stated his support for the act in a statement from the office of Gov. Kathy Hochul, calling it representative of “a common-sense balance between accountability and fairness.”

"I support the Clean Slate Act because we should recognize that people who have made mistakes in the past or committed crimes due to systemic inequities should not be punished for the rest of their lives,” Van Houten said.

Ithaca's new mayor has shown support of the issue.

“By promoting successful reentry, this legislation will help break the cycle of poverty and reduce recidivism,” Ithaca’s incoming Mayor, Robert Cantelmo said.

Standing against

The law has received more than just praise, though. Many state republicans have taken a stance against the law, including Assembly Minority Leader Will Barclay, who in a statement, called the law “ill-conceived,” and stated that it goes too far.

“Convictions for violent crimes and felonies like manslaughter, burglary, attempted murder and gang assault will now be automatically sealed, without input from prosecutors, judges or crime victims,” Barclay said. “The new law effectively prevents prospective employers, landlords, roommates and others from accessing criminal records and critical information about an individual’s past. While second chances are important, so too is the ability to make informed decisions based on complete information.”

Criminal records would not be expunged due to the Clean Slate Act, like in the case of the state’s cannabis legislation, but instead, sealed from background checks except for crimes not covered by the act.

The sealing of criminal records under the Clean Slate law does not affect law enforcement agencies, courts, district attorney offices or employers that require a fingerprint-based background check because they work with children, adults who are elderly or have disabilities, or otherwise vulnerable people.

This article originally appeared on Ithaca Journal: Local thoughts on the Clean Slate Act