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New York Governor Signs Law Sealing Millions of Criminal Records From Public View

Loaded on April 15, 2024 by Douglas Ankney published in Criminal Legal News April, 2024, page 30
Filed under: Disclosure of Records, Public Records, Public Records Act, Criminal History. Location: New York.

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:

  1. Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings
  2. Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, by David Reutter
  3. Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret, by Jo Ellen Nott
  4. California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, by Anthony Accurso
  5. Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, by Matthew Clarke
  6. Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, by Douglas Ankney
  7. Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, by Anthony Accurso
  8. What Happens When Prosecutors Offer Opposing Versions of the Truth?, by Ken Armstrong
  9. 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
  10. Research Shows It Makes Sense to Hire Individuals with Criminal Records, by Jo Ellen Nott
  11. 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
  12. AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique, by Jo Ellen Nott
  13. Does the Fourth Amendment Protect Cellphones at the Border?, by Douglas Ankney
  14. New York Governor Signs Law Sealing Millions of Criminal Records From Public View, by Douglas Ankney
  15. 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
  16. California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, by Anthony Accurso
  17. 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
  18. Tracking Your Cellphone Might Be Easier Than You Think, by Michael Thompson
  19. 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
  20. Time Served Under the First Step Act: Reduction, Not Revolution, by Jo Ellen Nott
  21. One Year of New Orleans Police Department Facial Recognition Data, by Michael Thompson
  22. Police Bodycams: If You Film It …, by Michael Thompson
  23. The FBI’s Rapidly Expanding DNA Database, by Anthony Accurso
  24. Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, by Dale Chappell
  25. ‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole, by Jo Ellen Nott
  26. New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error, by David Reutter
  27. Potential Dangers of Medical Monitors, by Michael Thompson
  28. FBI’s Bias for Keywords, by Carlo Difundo
  29. Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction, by Jo Ellen Nott
  30. Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, by Anthony Accurso
  31. News in Brief
  32. ‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice, by Douglas Ankney

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