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Activists, Dems make last push for Clean Slate

ALBANY — Lawmakers are pushing in their last scheduled days of session for the year to vote on a bill that would expunge the criminal records of millions of New Yorkers.

The Clean Slate Act would seal and expunge the criminal record of about 2.3 million New Yorkers after completion of their prison sentence. The law would clear records after one year for misdemeanors and three years for certain felonies.

Cedric Fulton, civil rights manager with the Hudson/Catskill Housing Coalition, joined hundreds of people, including activists, lawmakers and formerly incarcerated people across the state Thursday to push for lawmakers to pass the Clean Slate Act before the end of session June 10.

“I’m one of the 2.3 million New Yorkers — my children shouldn’t have to suffer either,” said Fulton, a Hudson native who now lives in Watervliet. “We need Clean Slate now. We need it automatic.”

Fulton led dozens of people chanting in favor of the Clean Slate measure outside the state Capitol in Albany on Thursday. Late-morning rallies went on concurrently about the issue in Buffalo, Rochester, on Long Island and New York City.

The measure has remained in the Assembly Codes Committee since March 17, and in the Senate Finance Committee since May 19.

Officials in the criminal-justice system, such as judges, district attorneys and police, would continue to have access to sealed criminal documents if the bill becomes law and millions of residents’ records are expunged.

Susan Terry, a leading advocate in Troy and member of the Hudson/Catskill Housing Coalition, shared how her past criminal conviction in 2008 has impacted her 22-year-old son’s life.

Her son’s former partner used Terry’s record in a tense custody battle for his child, she said. Her son has never been arrested nor convicted of a misdemeanor or violation offense.

“Because I’m a convicted felon from 2008, they not only gave her full sole custody, they gave her an order of protection,” Terry said of her grandchild. “I raised my kids to do the right thing. Here we have a 22-year-old male who’s never been arrested, who graduated with Regents honors and he lost his son because of a 13-year-old conviction.”

As a formerly convicted felon who completed her sentence, Terry is often rejected from housing or employment opportunities.

“Maybe [lawmakers] will expunge that so people will see me as a citizen like anyone else,” she said. “We need Clean Slate. Show people that if you do the right thing and respect the law, the law will work for you.”

Bill co-sponsors Assemblyman Harvey Epstein, D-Manhattan, and Assemblyman Demond Meeks, D-Rochester, said Thursday that passing the Clean Slate Act is critical for the state.

“This gives people a second chance, and that’s exactly what we believe in,” Epstein said, adding people who completed their prison sentence and have been rehabilitated should have the same opportunities as others.

A growing number of lawmakers and advocating community members support the Clean Slate bill, Meeks said.

Meeks argued passing the Clean Slate bill would save millions of dollars in the penal and courts system, reducing lawsuits from convicted New Yorkers.

Formerly incarcerated people lose nearly $500,000 in earnings over their lifetime, the assemblymember said, adding the Clean Slate measure would help to reverse that statistic and benefit communities as a whole.

“We’re talking about people who have an opportunity to contribute to society as opposed to continuously being locked up and incarcerated or having the mistakes of the past continue to haunt them,” Meeks said. “I know individuals personally who have committed to giving back to their community. Some have obtained master’s degrees in their perspective field, and they’re still struggling to find employment opportunities, because every time, one of the first conversations they must have is something that took place 20-something years ago.

“We have to recognize it gives people dignity and a sense of self pride to be able to know ‘Hey, I made some mistakes, but I’m ready and I’m committed to doing better from this day forth,’ as opposed to receiving a life sentence that continues to haunt you day after day.”

Senate Minority Leader Rob Ortt, R-North Tonawanda, spoke out against the Clean Slate measure earlier this week.

Republicans, and some Democrats, have taken issue with the measure, including how it would financial or structurally alter the state’s penal and courts systems.

“This is another example of legislation under the guise of ‘reform’ that will lead to less safe communities,” Ortt said in a statement Thursday. “This bill would expunge the records of even the most violent offenders — including murderers and a host of serious other crimes. How does concealing this information protect vulnerable individuals from encountering potentially violent offenders at work or at home? Like most of the Democrats’ ‘reforms’, this bill goes too far. Our conference will continue to focus on proposals that restore common sense and public safety.”

Assembly Minority Leader Will Barclay, R-Pulaski, also spoke out against the proposed law Thursday, citing the exponential increase in violent crime over the past year in cities across the state. Republicans have attributed the recent crime spike to Democrats’ criminal justice reforms, including changing bail and discovery laws and other proposed legislation.

“Gun violence is turning city streets in to war zones, innocent victims are getting injured or killed and murder rates continue to climb across the state, but instead of trying to actually prevent and punish crime, New York Democrats would rather pretend it doesn’t exist,” Barclay said in a statement Thursday. “We need to take steps to improve public safety, rather than focus on erasing criminal histories, closing prisons, and letting more dangerous inmates out of jail.”

Progressive Democrats are hopeful the bill will pass before session ends.

“In the last four days of session, it’s hard to know anything that’s going to happen,” Epstein said.

The Assembly Majority conference is expected to discuss the Clean Slate bill and other criminal justice reforms, including measures to reform the state’s parole system, in the coming days.

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