Former NY governor knocks state's ‘Clean Slate’ bill that seals criminal records: Only works 'in theory'

Former New York Democratic Gov. David Paterson denounced the state's Clean State Act on Sunday, arguing against the timing of the bill which seeks to seal criminal convictions after a certain number of years, as New York battles a wave of crime committed by serial repeat offenders.

The controversial proposal would seal old criminal records as long as the perpetrators remain out of trouble for a certain number of years under a bill passed by lawmakers in the state Assembly and the Senate earlier this month. The measure still needs the approval of Gov. Kathy Hochul, D., to become law. 

When asked about the bill on the "Cats Roundtable" WABC 770 AM radio show Sunday, Paterson - who embraced a pro-justice reform mentality as governor - said that while he thinks the "intent" was positive, he believes the measure is misguided. 

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"In theory, it works. But one of the problems we have in the state right now is you have people getting arrested 40, 50, 60 times. When that kind of thing happens, there can never be a clean slate because they were never more than six months away from their previous conviction," he said.

The "Clean Slate" legislation would automatically seal most recent convictions — three years after serving time or parole for a misdemeanor, and eight years for felony convictions. Sex crimes and most Class A felonies, such as murder, will not be eligible for sealing.

"The legislature’s intent was positive," Paterson said, "but I think the result of it could actually increase the number of people who are now not only out of prison, but are not out long enough for us to determine whether or not they did learn their lesson."

"If people served their time, and they turn their lives around, and you hope that there’s no recidivism. But it doesn’t always work out that way," he added.

Paterson's skepticism is a notable shift from other Democrat lawmakers and unions, who championed the bill saying it would give New Yorkers a path forward that is not encumbered by past mistakes. They say a criminal record often means difficulty obtaining secure work and housing. But Republicans, focussed on a crackdown on crime in the state, denounced the bill, warning it will take away accountability for those who have committed crimes.

"I’m sorry, you committed it, you’re convicted of it … and some aspects of those will be with you forever, just like you did to your victim," Republican Assemblyman Anthony Palumbo said of the legislation.

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Other states including Utah and Michigan have passed similar measures. California passed legislation last year that would automatically seal conviction and arrest records for most ex-offenders who are not convicted of another felony for four years.

Business groups including big companies like JPMorgan Chase and Verizon have also endorsed the New York legislation. They say increasing the labor pool would boost the state’s economy and make the state more competitive.

New York Gov. Kathy Hochul said she wants to make sure the bill would not have "any negative, unintended consequences" while also giving those with criminal records a second chance.

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"It's not a simple answer. These are complicated issues, far more than people may realize at first glance," Hochul told reporters. "My goal as governor is to make sure we have forward-thinking, progressive policies that actually work."

The Associated Press contributed to this report.