It’s never simple to apply for a job. You’ve compiled your CV. You’ve lined up all your references. And you’ve spent hours scouring all the different job search engines. After going through so much trouble, you find one position that matches your qualifications. You hit submit only to discover a big problem: you have a criminal record, and this company performs a criminal background check on all prospects.
Many businesses do not want to hire someone with a criminal record. Even if the job you are applying for does not prohibit someone with a felony or misdemeanor conviction on their record from working in that sector, it may be difficult for you to find employment. You may still struggle to find work even if you have never spent a day in jail.
Making things worse is the ease with which criminal background checks may be obtained. In some states, a person’s criminal record history is only a click away, while in other states public record researchers can obtain records directly from the county courthouse. Many employers today demand that prospects pass a criminal background check as a condition of employment.
That’s why a group of legislators in Albany, New York, has proposed a law restricting how employers use criminal background checks. The bill is called the “Clean Slate Act,” designed to help people with criminal records get jobs and become contributing members of society.
What is the New York Clean Slate Act, and how does it work?
The Clean Slate Act of 2019, proposed in New York, is almost identical to the two bills (Senate Bill 1553C and Assembly Bill 6399B) introduced in the state. So long as New York lawmakers pass it, you only need to read one version to understand how the Clean Slate Act will function if and when it becomes law.
The legislation would automatically seal certain types of convictions after some time has elapsed. The bill covers both misdemeanors and non-violent felonies. A misdemeanor would be sealed after ten (10) years and 20 years for a non-violent felony, so long as the person convicted of the crime does not commit any other offenses during that time.
For example, if someone is convicted of a non-violent felony and does not commit another offense for 20 years, that conviction will automatically be sealed.
What does “sealing” mean or imply?
New York State does not erase records except for certain marijuana convictions. Instead of erasing your record, New York State keeps all convictions on file. Sealing the record means the public cannot discover your crime unless the law permits it. All fingerprint and palmprint cards, booking photographs, and DNA samples will be destroyed or returned to you by the court.
When New York lawmakers pass the Clean Slate Act, most potential employers would not be aware of your misdemeanor or felony conviction after the required waiting period has expired.
People may still access sealed records and use them in subsequent criminal trials. Background checks to obtain a firearm are also one-sided, as they allow individuals to get guns who have been deemed unfit to own a firearm by a court.
What criminal records does it apply to?
The Clean Slate Act would automatically seal misdemeanor and non-violent felony convictions. Misdemeanors include such crimes as disorderly conduct, harassment, petit theft, and many others. Non-violent felonies include:
- Burglary in the third degree.
- Criminal trespass in the second degree.
- Forgery in the second degree.
- Grand larceny in the fourth degree.
How will this affect people with criminal records?
The Clean Slate Act makes it considerably more accessible for people with misdemeanors or non-violent felonies on their record to find work. Many businesses request prospective employees to complete a criminal background check before hiring them. However, if your conviction is sealed, most background checks will not display it.
The Clean Slate Act will also make it easier for people with criminal records to obtain professional licenses. For example, if you have a misdemeanor conviction, you will not be able to get a license to practice law in New York State. However, if your misdemeanor conviction is sealed, you will be eligible to apply for a license.
What are the benefits of the Clean Slate Act?
The primary benefit of the Clean Slate Act is that it will give people with criminal records a second chance. Employment opportunities are often limited for people with criminal records, leading to recidivism. The Clean Slate Act will allow people with criminal records to find employment and support themselves and their families without resorting to illegal activities.
Furthermore, the Clean Slate Act will make it simpler for individuals with criminal records to obtain professional credentials. This will enable them to pursue professions such as teaching, nursing, and law, in which they are currently unable to do so.
Finally, the Clean Slate Act will help reduce the number of incarcerated people in New York State. This is because people with criminal records are more likely to be imprisoned if they cannot find employment.
What are the chances that the legislation will pass, given recent events?
The Clean Slate Act has been introduced in the New York State Legislature several times but has never been passed. However, there is reason to believe that it may have a better chance of passing in the wake of recent events.
In June 2020, the death of George Floyd sparked nationwide protests against police brutality and racial injustice. One of the protesters’ demands was for lawmakers to pass legislation addressing the systemic racism in the criminal justice system.
The Clean Slate Act is one piece of legislation that would help address systemic racism in the criminal justice system. This is because people of color are disproportionately likely to have criminal records.
It is still unclear whether the New York State Legislature will pass the Clean Slate Act. However, given the recent attention on racial injustice, there is reason to believe it may finally be passed into law.
Bottom Line
The Clean Slate Act is a piece of legislation allowing people with criminal records to have their records sealed. This would make it easier for them to find employment and obtain professional licenses.
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