Democratic legislative leaders reach agreement on 'Clean Slate' legislation

ALBANY – After some last-minute toughening, Democratic legislative leaders have reached an agreement on a bill that would seal criminal records for many defendants, paving the way for the State Legislature to approve it this week.

A new version of the “Clean Slate” bill was submitted around midnight Monday in the Senate and Assembly, signaling that Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) and Assembly Speaker Carl Heastie (D-Bronx) ironed out their remaining differences on the measure.

Gov. Kathy Hochul and the legislative leaders had been saying for several days they were close to a final agreement.

The formal submission of the bill clears the way for voting this week. It was one of several issues coming together – or falling apart -- in the closing days of the 2023 legislative session, set to adjourn Friday.

One deal that was reached: New York’s 2024 presidential primary will be held on April 2, as expected. That puts it more in the heart of the primary season rather near the end as in 2020 when the state primary was held in June.

Lawmakers also were set to approve a bill to lower speed limits in New York City and expand the criteria for who can file wrongful death lawsuits and collect awards.

They also were likely to approve a bill to create commission to study the issue of reparations for the descendants of enslaved people, a step California has taken.

They still were negotiating proposals on expanding housing stock, changing campaign-finance laws and outlawing corporal punishment in schools, among other things. Housing – one of Hochul’s key priorities for the year – still appeared to be stuck, with lawmakers discussing a trade off of tenant protections for development incentives.

Also, the Senate was expected to plow through numerous confirmations for various state boards and agencies, including a new state health commissioner.

The deal on the bill to seal criminal records is a win for advocacy groups and progressive Democrats who had been pushing the measure for several years. A previous version of the bill died in the Assembly last year without receiving a vote.

The bill would allow for the sealing of criminal records once a person has completed his or her sentence and remained out of trouble for a period of years.

The new version sets the period at three years for a misdemeanor – same as in previous versions. But it changes the wait period for a felony from seven to eight years.

Also, it specifically states that the most serious type of felony – known as “Class A,” which includes charges such as murder – would never be eligible for sealing. Nor would any sex crimes.

Proponents have said the bill would give a “clean slate” to those who have paid their debt to society and that a past criminal conviction shouldn’t hamper attempts to secure jobs or housing.

Opponents – such as the statewide district attorneys’ association – said the sealing of records shouldn’t be automatic and should include judicial oversight, among other things.

Though Hochul has supported the concept, her office issued a noncommittal statement about the new version of the bill, which, sources said, will be approved.

“Governor Hochul has been working with the Legislature to strengthen the Clean Slate Act and we are reviewing their most recent draft bill,” Hochul spokesman Avi Small said.

The moving of New York’s presidential primaries – Democrat and Republican -- to April had been expected. It ties New York to Connecticut and Pennsylvania on that date; by aligning with contiguous states, New York will get a delegate bonus at the national Democratic convention.

State Democratic Chairman Jay Jacobs called it a “good move.” Republicans didn’t comment immediately.

The speed bill would allow New York City to lower limits from 25 mph to 20 mph. Supporters said it would match the limit in other densely settled cities, such as Washington, D.C., and Seattle.

By Yancey Roy

yancey.roy@newsday.com@yanceyroy