To The Editor:
He claims the law indiscriminately expunges millions of criminal records, including violent crimes such as manslaughter and kidnapping, which is false. The law explicitly excludes Class A felonies and sex offenses from expungement and imposes strict eligibility criteria: misdemeanors are sealed after three years and felonies after eight, contingent on the individual completing their sentence and remaining crime-free. Moreover, records are sealed, not erased, ensuring law enforcement and courts retain access for public safety (New York Senate, 2023).
O’Mara overlooks significant benefits of expungement laws. Research consistently shows that sealing records reduces recidivism by increasing employment opportunities and promoting housing stability (Prescott & Starr, 2019). These outcomes enhance public safety and support rehabilitated individuals in reintegrating into society.
Concerns about employer and public safety are overstated. Sensitive industries, such as childcare or elder care, require fingerprint-based background checks, which remain unaffected by the Clean Slate Act (New York State Department of Criminal Justice Services, 2023). The law also leaves victim rights and restitution processes intact, contrary to claims that it disregards crime victims.
Rather than engaging with the data-backed benefits of reforms like Clean Slate, O’Mara perpetuates fear-based narratives, calling it a “pro-criminal” policy. However, the law aims to correct systemic inequities and provide second chances to individuals who have paid their debt to society. This balanced approach fosters safer communities and promotes justice through rehabilitation, not perpetual punishment.
Jackie Wilson, Representative 2024 – 2026
Alfred, NY District 2
Allegany County Democratic Committee
References:
New York Senate. (2023). S211A, Clean Slate Act. Retrieved from https://www.nysenate.gov/legislation/bills/2023/S211A
New York State Department of Criminal Justice Services. (2023). Background check requirements for sensitive industries. Retrieved from https://www.criminaljustice.ny.gov/
Prescott, J. J., & Starr, S. B. (2019). Expungement of criminal records: An empirical study. University of Michigan Law School. Retrieved from https://repository.law.umich.edu/
Read State Senator O’Mara’s recent column on the Clean Slate Act: