New York Clean Slate Summary

Legislation passed date: 11/15/23. A1029C, N.Y. Crim Proc. Law § 160.57

Effective date: 11/16/24

Implementation date: November 16, 2027

Appropriation amount: Still analyzing potential costs.

Other relevant legislation: 

N.Y. Crim. Proc. Law § 160.50. This existing provision of New York law  seals both non-convictions records and convictions for decriminalized marijuana offenses.
NY. Crim. Proc. Law § 160.55. This existing provision of New York law seals convictions for traffic infractions and violations (including felony or misdemeanor charges that were reduced to a violation).

Records are Sealed. The Act will not seal the records of individuals convicted of sex crimes, murder, or other non-drug Class A felonies. Law enforcement, prosecutors, the New York State Education Department, the courts and other statutorily-authorized organizations will continue to have access to all criminal records under this law.

 Eligibility Criteria: Estimated 2.3 million eligible individuals

• Sex Offense and all Class A felonies are not eligible.
• Misdemeanors: 3 years from release from incarceration or 3 years from imposition of sentence if not incarcerated.
• Felonies (including Class A drug offenses): 8 years since release date if incarcerated or 8 years from the imposition if not incarcerated.
• Individual cannot be under supervision (probation or parole).
• Sealing is based upon the most recent conviction’s eligibility for sealing.
• No pending criminal charges in New York State.
• Provisions for out-of-state events (convictions and pending charges) – only applicable if regulatory and technical changes are made at the Federal level.

Agencies Involved:

• Office of Court Administration (OCA) Responsibilities:
  • Determination of sealing eligibility:
    • Identifying eligible convictions.
    • Tolling time from incarceration.
    • Determining current supervision status.
    • Identifying pending criminal charges.
  • Notifying law enforcement of sealed convictions.
    • DCJS, court of conviction, county clerks, police and sheriff departments, and district attorneys.
  • Suppress convictions sealed CPL 160.57 from a Statewide Criminal History Record Search (CHRS).
• Division of Criminal Justice Services (DCJS):
  • Suppress convictions sealed by OCA from certain civil fingerprint-based inquiries.
  • Label/mark convictions visible on a rap sheet as “Sealed.”
  • Label/mark all photos in the Photo Repository that are solely associated with a sealed conviction as “Sealed.”
• Actions to be Taken by DCJS
  • A new suppression level will be created to prevent convictions with a 160.57 status from displaying on NYS criminal history record response (where required by statute).
  • Where convictions sealed 160.57 are allowed to be released per statute, the NYS criminal history record response will be clearly marked “Sealed COP 160.57.”
  • DCJS will modify the Record Review program to ensure individuals reviewing their personal criminal history records are informed of events sealed 160.57
  • Provide Probation data.
• Local Law Enforcement
  • Label/mark all records as “Sealed,” including photos, fingerprints/palmprints, and retina scans.
  • Ensure sealed records are only disclosed for authorized purposes.
  • Local jails may need to share information related to release dates with OCA.
• New York State Sheriff’s Institute
  • Jail data.

Status: Planning – State courts leading planning efforts, internal workgroup

Approach:

• Pre-implementation assessment to establish needs and subsequent appropriation request.
• OCA to establish an initial eligibility record set.
• DCJS to validate eligible candidates.
• Leverage victim notification data VINES to assist sentence completion/confirmation.
• Developing record matching algorithms.

Reported/anticipated challenges:

• Identifying a person (not a docket).
  • Disparate sources.
  • Disparate case/records management systems.
• Person level seal, i.e., linking all of a person’s dockets together plus any external data.
• Ensuring the matching of records is accurate.
• Data from the 1960s – 1990s.
• CCH record matching and completeness.
• Sentence completion confirmation software development.

Notifications

• TBD for local stakeholders, individuals

Outcomes to date – Planning to measure outcomes is well underway. OCA data is well structured for this use.