Controversial Clean Slate bill passes, heads to Governor Hochul’s desk

[GOYABEAN]

Controversial Clean Slate bill passes, heads to Governor Hochul's desk - Mid Hudson News

ALBANY- An amended version of the so called “Clean Slate Act” was passed in the waning hours of the legislative session last week. The bill has been a topic of controversy between advocates of criminal justice reforms and mostly Republican opponents who see the bill as yet another soft on crime...

midhudsonnews.com

 

[subsonic]

So now as a private employer you're prohibited from not only inquiring about "automatically sealed" convictions (three-year old misdemeanors or eight-year-old felonies), but also searching for them in the news or public record, or acting on them adversely if you learn about them, and you can be punished or sued if you do so or are suspected of it because you didn't hire Tyrone the predicate offender (if it's not convict discrimination or race discrimination he can always try for hairstyle discrimination; are tattoos a protected category yet?).

But the state is still free to use that info for its own licensing and employment purposes, of course, including firearm licensing. And if the public is harmed by a criminal they can't sue the employer and they have no recourse other than squeezing blood from the stone of the convicted criminal.

Another obvious case of one standard for us and another standard for them. How about prove yourself to be a decent citizen and a good worker and employers will hire you? On the other hand, if you are an unreformed scumbag, then maybe the work you can get is the work you deserve. In a state of anarchotyranny, it's not that hard to still be a menace to society and avoid a conviction for a few years.

Then there's the whole issue of this just plain old erasing history. Do the dead still need to be protected?

Automatic sealing will also be an administrative nightmare. And it does not even attempt to account for crimes committed in another state. Someone could get out of prison in New York, go to Pennsylvania, immediately start reoffending in Philadelphia, do seven years in Pennsylvania state prison, and then legally and automatically have their entire New York criminal history sealed, passing a NYS background check.

 

[Cavalry]

I have not read through this but I really do not have a problem with it on its face. People do stupid shit. Pay for your stupidity and you should have all rights restored and not a tarnished reputation for the rest of your life.
I am in a position to hire people. I really dont care what you did in your past, only what you will do today and tomorrow. There are plenty of shitty people that will lie, cheat and steal with no criminal history. Are they better just because they have not gotten caught?

 

[Jmac00]

no problem, but when that electrician, Plumber or HVAC guy comes to your (politicians) house to fix your shit, but a week later you property is missing, or you daughter gets raped, remember you voted for this shit.

 

[Cavalry]

no problem, but when that electrician, Plumber or HVAC guy comes to your (politicians) house to fix your shit, but a week later you property is missing, or you daughter gets raped, remember you voted for this shit.

I understand where you are coming from, but do people typically run criminal background checks on contractors working at their house? When one hires Jim Bob's Contracting after running a background check on Jim himself and Jim sends Ted and Ron to do the job, what then?

 

[subsonic]

I understand where you are coming from, but do people typically run criminal background checks on contractors working at their house? When one hires Jim Bob's Contracting after running a background check on Jim himself and Jim sends Ted and Ron to do the job, what then?

There’s plenty of contractors that do run background checks on hires and advertise on that basis, and wouldn’t hire someone with current-decade convictions for burglary, robbery, larceny or aggravated assault, all of which get completely wiped away.

If you stick to bonded and insured contractors, it’s likely that the surety required a background check for any tech that’s in a customer home. They’ll likely raise prices too, passed on to consumers, when they aren’t able to get that information.

 

[Jmac00]

I understand where you are coming from, but do people typically run criminal background checks on contractors working at their house? When one hires Jim Bob's Contracting after running a background check on Jim himself and Jim sends Ted and Ron to do the job, what then?

no, the homeowner won't,
But, I, as the contractor will do a BGC on any potential hire. Imagine you hire someone that was a former rapist or thief, but you didn't know he was a rapist or theif, and you send him to a nice ladies house with a nice ass*, and this clown jumps her. That Nice guy you hired, just put up out-of-business. You're going to get sued into oblivion. Its critically important that a contractor in the service industry KNOWS who they are hiring and sending out into the public and into people's homes. This bill would blind contractors from "KNOWING" who they hire

*after being in the HVAC field for 30+ years, I had maybe 5 customers that I would consider "hot" and two, specifically I would categorize as "smoking hot". all the rest were just your average middle class, American housewife.

 

[Victor18]

The amended bill, that represents a deal between the two houses of the legislature and Governor Hochul would seal misdemeanor convictions after three years and seal felony convictions after eight years, as long as someone is off parole and probation and has no new charges or convictions.



People who have served their time, paid their dues, have become law-abiding citizens, have the right to work and pay for food & housing. This new law should help reduce recidivism.

Or we could keep making it hard for people to get jobs and therefore incentivize criminal activity.

 

[dsdmmat]

Seems to me the law does not expunge the records, but does seal them. You can still look at resumes and see gaps in employment and ask about them.

 

[Bvin66]

no, the homeowner won't,
But, I, as the contractor will do a BGC on any potential hire. Imagine you hire someone that was a former rapist or thief, but you didn't know he was a rapist or theif, and you send him to a nice ladies house with a nice ass*, and this clown jumps her. That Nice guy you hired, just put up out-of-business. You're going to get sued into oblivion. Its critically important that a contractor in the service industry KNOWS who they are hiring and sending out into the public and into people's homes. This bill would blind contractors from "KNOWING" who they hire

*after being in the HVAC field for 30+ years, I had maybe 5 customers that I would consider "hot" and two, specifically I would categorize as "smoking hot". all the rest were just your average middle class, American housewife.

 

[Dr. Evil]

I was kind of hoping the "Clean Slate Act" would remove the corrupt scumbag politicians and allow us to start all over again.

 

[SomeSoldier]

I have not read through this but I really do not have a problem with it on its face. People do stupid shit. Pay for your stupidity and you should have all rights restored and not a tarnished reputation for the rest of your life.
I am in a position to hire people. I really dont care what you did in your past, only what you will do today and tomorrow. There are plenty of shitty people that will lie, cheat and steal with no criminal history. Are they better just because they have not gotten caught?

So if a dude was busted for embezzlement of 100 million from his previous employeer, you are going to hire him as your CFO?

Identity theif should be allowed to hold a position with access to PII for healthy link NY?

 

[Acer-m14]

how to open sealed records ..

 

[Cavalry]

So if a dude was busted for embezzlement of 100 million from his previous employeer, you are going to hire him as your CFO?

Identity theif should be allowed to hold a position with access to PII for healthy link NY?

This is where the art of hiring comes in. At an executive level, HR is surely going to do a little more work than the entry level position with no responsibility. Gaps in employment, not divulging past employers, not providing professional references, asking questions during the interview, linkedin,etc, etc.

 

[prambo]

If it's proposed, amended, voted on, passed and, then, finally "signed into law" in Newyorkistan, then there is >99.9% chance it's unconstitutional.

As if "they" cared.

And was intentionally designed to cause harm to normal law-abiding citizens.

"Politicians" pass such laws to also protect themselves, because 99.9% of politicians are criminals too.

Or maybe it's a part of the "Let's Out-crazy Crazyfrutopia" competition.

 

[stokes]

People do stupid shit. Pay for your stupidity and you should have all rights restored and not a tarnished reputation for the rest of your life.

Yes, people do stupid shit and should accept the punishment, "dont do the crime if you cant do the time". Well part of the "time" under the law includes carrying the tag "felon" for life. There is a way to have this removed from your record, its called a certificate of relief from civil disabilities and is granted to people convicted of felonies who have done their jail time and meet certain criteria. It is not granted to career criminals and chronic felons, which this new law will do.

 

[Zerex]

All released criminals may be issued these to start...leaves no shell casings on robbery/homicides.

Spiked Trench Club

Many may apply for State Jobs, but as I see it, unless all qualifications, like reading the application or a GED forms are waived, there will be few drug dealing animals working at or above Grade 4 salary.

Private industy is a great way to get arrested again.

Unintended consequences always happen.

 

[spat]

So now as a private employer you're prohibited from not only inquiring about "automatically sealed" convictions (three-year old misdemeanors or eight-year-old felonies), but also searching for them in the news or public record, or acting on them adversely if you learn about them, and you can be punished or sued if you do so or are suspected of it because you didn't hire Tyrone the predicate offender (if it's not convict discrimination or race discrimination he can always try for hairstyle discrimination; are tattoos a protected category yet?).

But the state is still free to use that info for its own licensing and employment purposes, of course, including firearm licensing. And if the public is harmed by a criminal they can't sue the employer and they have no recourse other than squeezing blood from the stone of the convicted criminal.

Another obvious case of one standard for us and another standard for them. How about prove yourself to be a decent citizen and a good worker and employers will hire you? On the other hand, if you are an unreformed scumbag, then maybe the work you can get is the work you deserve. In a state of anarchotyranny, it's not that hard to still be a menace to society and avoid a conviction for a few years.

Then there's the whole issue of this just plain old erasing history. Do the dead still need to be protected?

Automatic sealing will also be an administrative nightmare. And it does not even attempt to account for crimes committed in another state. Someone could get out of prison in New York, go to Pennsylvania, immediately start reoffending in Philadelphia, do seven years in Pennsylvania state prison, and then legally and automatically have their entire New York criminal history sealed, passing a NYS background check.

If i was a private employer in NY, I'd just require all my employees to have a pistol permit.


Checkmate.