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To The Editor:
Senator Tom O’Mara’s recent critique of New York’s Clean Slate Act misrepresents its scope, intent, and societal benefits.
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/
