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ALBANY, June 10 (AP) People in New York state with old criminal records can automatically have them sealed as long as they haven’t been in trouble for a certain number of years, according to a bill passed by lawmakers in the statehouse Friday.
“Innocence” legislation would automatically seal recent convictions — three years after serving a sentence or parole for a misdemeanor and eight years for a felony conviction. Sexual offenses and most Class A felonies, such as murder, will not be eligible for hold.
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The state legislature debated the bill for nearly five hours before passing it in a partisan vote to applause and cheers. The state Senate is expected to follow suit and pass the measure, according to state legislative leaders.
Some liberal lawmakers and unions who supported the bill said it would offer New Yorkers a path forward unhampered by past mistakes. A criminal record often means difficulty securing secure jobs and housing, they say.
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That was the case for Ismael Diaz Jr. of Long Island, who was released from prison seven years ago but is still struggling to find steady work.
Diaz, who spent nearly 10 years in prison for manslaughter, said he went through three rounds of interviews for a job as a cleaner at a supermarket before being told he was “unemployed” because of his criminal record.
“I’m stressed because I want to get a job, but you can’t because of the record,” said Diaz, 52.
“I want to earn a salary, take care of my family and start living the life I’m supposed to be living.”
Other states, including Utah and Michigan, have passed similar measures. California passed legislation last year that would automatically seal the conviction and arrest records of most ex-offenders who have not been convicted of another felony in four years.
Business groups, including major companies such as JPMorgan Chase & Co and Verizon, also supported New York’s legislation. Adding the workforce would boost the state’s economy and make the state more competitive, they said.
Under New York state law, employers can ask about conviction records at any point during the hiring process, but they must consider factors such as whether the conviction had any impact on the person’s ability to do the job. But advocates of the legislation say that despite that, those with criminal records face formidable hurdles in securing employment.
Nearly 2.2 million people in New York have criminal convictions, according to a study by the Data Collaborative for Justice, a research center at John Jay College. The study is based on New Yorkers convicted between 1980 and 2021.
But Republican lawmakers and victims’ rights groups criticized the legislation, warning it would remove accountability for perpetrators.
The Republicans said: “Sorry, you committed a crime, you were convicted, and unfortunately, you have a debt to society, and some aspects of that debt will stay with you forever, just like you did to your victims ’ ” said State Assemblyman Anthony Palumbo, also a former prosecutor, before the deliberations.
“I think it completely ignores the victims of those crimes, it ignores society as a whole.”
Palumbo said he favors New York’s existing sealing statute, through which people can apply to have their records sealed based on the type of conviction and whether they are repeat offenders. But advocates of the state’s “clean” bill say the application process is cumbersome and expensive.
According to a study conducted by Santa Clara University, less than 1 percent of New Yorkers qualify for the statute to seal criminal records.
AutoSeal does not apply to people with pending felony charges in another state.
The State Department of Corrections and Community Supervision, in coordination with the State Department of Criminal Justice Services, will be responsible for providing data to state executive agencies so they can seal eligible convictions.
In some cases, those sealed convictions can later be accessed by any court, prosecutors and defense attorneys, as well as federal and state law enforcement agencies.
Gun licensing agencies, law enforcement employers and employers who work for vulnerable groups such as children and the elderly will still be allowed access to criminal records.
The original version of the bill excluded only sex crimes from automatic sealing and required seven years to seal felony convictions.
New York Gov. Kathy Hochul said she wanted to make sure the bill didn’t have “any negative, unintended consequences,” while also giving those with criminal records a second chance.
“It’s not an easy answer. These are complex issues, far beyond what people realize at first glance,” Hochul told reporters at an unrelated event earlier this week. “My goal as governor is to make sure we have forward-looking, progressive policies that are practical.”
The bill will take effect a year after it is signed into law. (Associated Press)
(This is an unedited and auto-generated story from a Syndicated News feed, the body of content may not have been modified or edited by LatestLY staff)
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