Legislative Update:
THE NEW YORK COALITION OF REENTRY ADVOCATES CONGRATULATES THE SENATE AND ASSEMBLY FOR PASSING THE MAINTAINING CRIMINAL RECORD CONFIDENTIALITY ACT (S.940/A.6637) THAT WILL AID COMPLIANCE WITH THE MONUMENTAL 2023 “CLEAN SLATE” ACT
Today, the Maintaining Criminal Record Confidentiality Act (S.940/A.6637) passed out of the Assembly, having previously passed out of the Senate on May 29, 2024. The Coalition of Reentry Advocates (“CoRA”) congratulates both houses on passing this important bill that will help lower barriers for New Yorkers with criminal records who are attempting to access better paying jobs, academic programs, and safe and secure housing.
A.6637/S.940 adds critical language to the Human Rights and Education Laws preventing entities that are not authorized to receive confidential Division of Criminal Justice Services (“DCJS”) criminal record information from requiring New Yorkers to purchase and hand over their “personal record review.” Personal record reviews are fingerprint-based arrest and conviction records that DCJS provides directly to the person for their personal review and correction. These records contain confidential and often sealed case information. Under this bill, entities would no longer be able to circumvent DCJS use and dissemination agreements for fingerprint-based records and, instead, must use available and appropriate channels, such as purchasing Office of Court Administration criminal records or consumer reporting agency reports, to make legal determinations regarding an applicant’s criminal record.
Additionally, this bill will prevent entities from circumventing New York’s sealing provisions and, in particular, the state’s landmark Clean Slate Act, by prohibiting entities from mandating that applicants purchase and submit personal record reviews. This bill shuts down the opportunity for implicit bias and discrimination based on confidential case information and ensures the full realization of Clean Slate and the millions of New Yorkers it will uplift.
“The Maintaining Criminal Record Confidentiality Act will ensure that New Yorkers are able to fully pursue employment, housing, and education opportunities without being compelled to submit information that is personal, confidential, sealed, and statutorily irrelevant to an application,” said Melissa Ader, Co-Chair of the Coalition of Reentry Advocates. “By preventing these unnecessary and harmful self-disclosures, we’re not only upholding our existing sealing laws, but also giving people a real shot at establishing the stability that helps them move forward with their lives.”
We thank Senator Jamaal Bailey and Assemblymember Amanda Septimo for championing this critical legislation. We are grateful to the advocates who worked tirelessly to ensure the passage of this bill. As it heads to Governor Kathy Hochul’s desk for her signature, we urge her to sign A.6637/S.940 without delay to ensure that New Yorkers have access to the protections they have earned and so that the legacy of Clean Slate is preserved.
2025 State Legislative Priorities
The Coalition of Reentry Advocates (CoRA) is a New York State coalition of advocates working to change laws and policies to eliminate the perpetual punishment that flows from involvement with the criminal legal system. We strongly recommend that the Legislature enact the following reforms to strengthen the ability of individuals to rebuild their lives and fully participate in their communities:
Amend Executive Law § 845-d and Judiciary Law § 212(2)(z) to provide that cases that are adjourned in contemplation of dismissal (ACDs) are not reported for civil purposes. This technical fix (S. 258 / A. 45) would bring Executive Law § 845-d and Judiciary Law § 212(2)(z) into alignment with the 2019 amendment of Executive Law § 296(16) that prohibits covered entities from considering pending ACDs in evaluating applicants. It would provide that the Division of Criminal Justice Services and the Office of Court Administration shall not disclose cases that are currently adjourned in contemplation of dismissal on DCJS rap sheets produced for civil purposes or on the criminal history searches conducted by OCA for the public.
Enact the Preliminary Licensing Application Navigation (“PLAN”) Bill to allow people to receive a preliminary determination as to whether their criminal history will disqualify them from receiving a license. This bill (S. 3250 / A. 4893) would allow New Yorkers to know whether a license will be granted before they pursue potentially costly education and training. It would significantly mitigate the risk assumed by people who are interested in pursuing work in licensed fields but are unsure whether their criminal history will ultimately result in denial.
Pass the Youth Justice & Opportunities Act. The Youth Justice & Opportunities Act (S. 3426 / A. 4238) expands alternatives to incarceration and immediate record sealing for young people up to age 25 by: creating a new “Young Adult” (YA) status to protect young people ages 19-25; expanding the categories of cases where “Youthful Offender” (YO) treatment is mandatory rather than discretionary; expanding judicial discretion to grant YO, including the option to grant YO more than once; creating opportunities for judges to sentence young people to treatment as an alternative to incarceration; allowing judges to waive fees and surcharges for all young people through age 25; and allowing young people with a criminal record to petition the court to be “re-sentenced” and granted YO or YA status retroactively.
Pass the End Predatory Court Fees Act. This bill (S. 313 / A. 4183) would eliminate court fees, mandatory minimum fines, incarceration on the basis of unpaid fines and fees, and garnishment of commissary accounts.
Enact the Reentry from the Inside Out bill. The Reentry from the Inside Out bill (S. 207) would require that local social service agencies work with people before they are released from local jails and state prisons to apply for safety net assistance, supplemental security income, and state supplemental payments. It would also establish a pilot program in five prisons to provide a range of reentry services six months prior to release and continuing after release, in partnership with nonprofit organizations.
Other Bills CoRA Supports
Seal arrests that are not being prosecuted. This bill (A. 1414) would seal arrests and criminal cases on which no criminal investigation or prosecution is proceeding, via a process initiated by the Division of Criminal Justice Services.
Create an ID card program for people about to be released from incarceration. This bill (S. 6465) creates an identification card program for incarcerated individuals in local correctional facilities; requires such identification cards to be identical to non-driver identification cards issued to the general public; and waives fees for such identification cards.
Correct misinformation regarding warrant information on rap sheets. Many rap sheets mistakenly list warrants as active when they have actually been recalled. This bill (S. 4679 / A. 653) creates a process to verify criminal record information when rap sheets contain contradictory information regarding warrants.
Restore the right to vote for incarcerated people. This bill (A. 412 / S. 316) creates an affirmative right in the constitution entitling incarcerated citizens to vote and removes language excluding citizens from voting if they have been convicted of certain crimes.
Ensure that people illegally discriminated against by a public employer due to a prior criminal conviction are able to seek the same enforcement mechanisms available to other victims of discrimination. This bill (S. 1276) establishes meaningful enforcement of the Human Rights Law’s anti-discrimination provisions. Only one class of individuals claiming illegal discrimination, those discriminated against by public agencies on the basis of their criminal record, have their legal remedies limited. This bill gives victims of criminal records-based discrimination the same access to enforcement mechanisms available to other victims of discrimination, and the opportunity to receive real relief.
Increase access to college for people with arrest records. This bill (S. 3415) prohibits colleges from asking students applying for admission about arrests that did not result in an unsealed criminal conviction, and prohibits pre-acceptance inquiries into criminal history.