How the Clean Slate Act will Change the Lives of Formerly Incarcerated New Yorkers

The adoption of New York’s Clean Slate law, which automatically seals the criminal records of most people who have not committed a new criminal offense, is a critical win for criminal justice reform and human redemption. One of the people who was instrumental in ensuring this legal victory is Michael “Zaki” Smith, a formerly incarcerated individual, advocate for Clean Slate, and Next100 alum. Smith explained, “the [Clean Slate law is the] broadest in terms of acknowledging people’s humanity…. Because the impact of a criminal record affects everyone. Not just the family, but the community as a whole. Now you have people living in your community who have the actual opportunity to live… so, it’s a win-win for everyone. It will create hope for individuals.” The Clean Slate law will have a far-reaching impact in New York: it will forge a path to a hopeful future for the more than 2 million New Yorkers with a criminal conviction record who were previously living in perpetual punishment.

The promise of redemption that the Clean Slate law will provide is not just wishful thinking. A 2020 study by the University of Michigan School of Law evaluated the impact of laws that seal or expunge criminal records and demonstrated the positive impact these laws have had throughout the state in the communities that have adopted them. The Michigan study found that formerly incarcerated individuals whose criminal records were sealed or expunged saw a notable increase in their wages and employment rates. On average, within one year of the criminal records being sealed or expunged, the trajectory of formerly incarcerated individuals’ wages went up by over 22 percent in comparison with their pre-expungement trajectory, and they were 11 percent more likely to be employed. Another study has estimated that on average the national earnings losses associated with felony and misdemeanor conviction records are $6,400 and $5,100 per year, respectively. Taking these findings into account, it can be estimated that New Yorkers living in the city are missing out on nearly $2.4 billion in annual earnings simply due to old criminal convictions. At a time when businesses are struggling to maintain a steady employee base, the employment opportunity Clean Slate will provide to individuals will surely also be beneficial to many businesses looking for stability in their workforces.

On average, within one year of the criminal records being sealed or expunged, the trajectory of formerly incarcerated individuals’ wages went up by over 22 percent in comparison with their pre-expungement trajectory, and they were 11 percent more likely to be employed.

Even when examined through the lens of crime rates, clean slate practices increase community safety and well-being. The Michigan study also found that formerly incarcerated individuals who had their criminal records sealed or expunged had extremely low recidivism rates. In fact, individuals with sealed or expunged records “have extremely low subsequent crime rates, comparing favorably to the general population.” In communities that have embraced the sealing or expunging of criminal records, lower recidivism for individuals have translated into an overall reduction in crime rates for the community. These findings add confirmation to a belief widely held by many criminal justice reform advocates and supporters: automatic sealing laws remove barriers to gainful employment and financial stability and allow formerly incarcerated people, and communities, to reclaim and improve their lives. As State Senate bill sponsor Zellnor Myrie stated in his address following the passage of Clean Slate, “This legislation makes it clear that New Yorkers who have served their sentences and returned to the community owe no other debts before they can rebuild their lives, obtain housing and education, and secure gainful employment. Clean Slate means stronger, safer, and more stable communities.”

The Road to Redemption

Prior to the passage of the Clean Slate Act, the sealing of criminal records in New York state was dictated by the provisions of Sealing Law 160.59. Passed in 2017, the law had many shortcomings. Though intended to reduce the unfair limitations that are placed upon formerly incarcerated individuals by their criminal records, the application was difficult, expensive, and lengthy, making it highly inaccessible, and therefore ineffective. Even when individuals were able to clear the hurdles that came with completing and submitting their application, what followed was a time-consuming and opaque review process. Given the flaws and limitations of the law, it is hardly surprising that only 0.2 percent of New Yorkers who were eligible to have their records sealed had done so.

As Zaki, avid Clean Slate advocate and former Next100 policy entrepreneur, stated in his testimony to the New York State Assembly, “[Sealing Law] 160.59 is limiting in a number of ways that must be addressed if we are truly going to end this life sentence of perpetual punishment that blocks people from accessing their basic needs to sustain themselves and their families.”

The same year that Sealing Law 160.59 went into effect, Zaki was working to create positive change in the lives of young people. Through his work as “Dream Director” in a high school in New Jersey, he had committed to a career of inspiring young people to think big and reach for their dreams. Zaki worked directly with young people to enact tangible, community-centered change. The day that changed his understanding of the system and inspired him to become involved in policy was December 8, 2017, when he received a letter from the FingerPrint Unit of the New Jersey State Board of Education effectively removing him from his position working with young people. The reason? He had a ten-year-old criminal record. Zaki began to question the efficacy of the system: “[The system] never told me, in addition to your prison term you are also sentenced to a life of barriers. The prison sentence is nothing in comparison to what’s going to happen to me for the rest of my life.” At this point, Zaki made it his mission to understand why formerly incarcerated individuals were being denied a dignified life post-incarceration. It did not take him long to understand that policy was at the root cause of this problem and, in 2019, he joined Next100’s inaugural class of policy entrepreneurs to address it.

Zaki outlines the policy environment in which he found himself, and which the Clean Slate Act will help to ameliorate:

A second chance isn’t a second chance if it isn’t fair. Here’s what wasn’t fair: the system said, for the crime you have committed, here’s what your punishment is. The intent of this punishment is to hopefully… return [an individual] to society and be a productive citizen. I do the time—I do what [the system] appointed. I do everything successfully. [Then] I go forth… I go to make an attempt to get a job, somewhere to live, further my education, maybe start a business, and then [the system] said, “Oh, no: you cannot do those things because you have a criminal record. But I still need you to be a productive citizen.” And there was no end to this, it was for the rest of your life.

As a Next100 policy entrepreneur, Zaki was able to advocate for criminal justice reform. Zaki embraced his new role and became a part of the Clean Slate NY coalition, a large coalition of local governments, unions, criminal justice groups, and private companies—including Verizon and JP Morgan Chase—who worked together to pass the Clean Slate Act. The coalition was founded by a diverse group of organizations—including the Bronx Defenders, the Center for Community Alternatives, and the Legal Aid Society—and sought to bring attention and support to the Clean Slate legislation. In an effort to build bipartisan support for Clean Slate, the coalition partnered with the Community Service Society of New York to facilitate and circulate surveys demonstrating that New York city residents overwhelmingly support the Clean Slate Act. Their surveys found that 67 percent of New York City residents supported the sealing of criminal records. To disseminate the findings from the polls, the coalition utilized a vibrant and engaging campaign on social media. Circulating the polling information helped build momentum for the legislation and pushed legislators both in the State Assembly and State Senate to take action. The Clean Slate NY coalition was also instrumental in getting the New York Bar Association to publicly endorse the Clean Slate Act, which helped to expand the backing behind the act and further informed the public about the act’s potential positive impact.

Not only did the coalition engage heavily with the public via polling and movement building: it also elevated the stories of people with lived experiences. Zaki, a member of the coalition’s steering committee, spoke extensively about his perspective at several press conferences hosted by Clean Slate NY. Through his partnership with the Clean Slate NY coalition, Zaki demonstrated the critical role that directly impacted individuals can play in civic activism and policy change. He did everything to make his voice heard in the policy space: he amplified the importance of the law on social media in tandem with supporting members of the state legislature; appeared on podcasts; wrote for BK Reader, Brooklyn 12 News, and other prominent media outlets; helped to install two community murals focused on criminal justice reform; and testified before both the New York State Assembly and State Senate. These conferences and events allowed for faith leaders, survivor advocacy organizations, business leaders, and lawmakers alike to come together to discuss Clean Slate. This level of collaboration between state legislators and the coalition proved vital in getting the act passed through both bodies of the state legislature. The State Senate sponsor of the act, Senator Zellnor Myrie, worked extensively with Clean Slate NY.

The coalition also helped connect people to their representatives. Clean Slate NY created an easy-to-use form on their website allowing residents to directly tweet, call, or email Governor Hochul expressing their support for the Clean Slate Act and urging her to sign it into law. The support and attention garnered for Clean Slate as a result of the coalition’s important work is undeniable. There is no doubt that the passage of Clean Slate is a success for all New Yorkers: without the work and partnership facilitated by Clean Slate NY, the legislation would have continued to languish.

As Zaki has put it, “After we have served our time, what more debt do we owe?” The Clean Slate legislation and the ideas surrounding it gained momentum for several years prior to its passage, growing to a crescendo in 2023. The movement won early allies in the New York State Senate, where Majority Leader Andrea Stewart-Cousins, Senator Zellnor Myrie, and Senator Jamaal T. Bailey spoke frequently on the issue, posted about the legislation to social media, and collaborated closely with advocates and organizations, including the Clean Slate NY coalition. Although similar legislation had made an appearance several times over the past few years, most notably when Governor Kathy Hochul included a scaled-back version of the act in her 2022 executive budget, it had not found the needed support to pass and be signed into law. Governor Hochul’s proposal had struggled to build consensus with legislative leaders regarding the administrative time needed to seal records. Prior to that, the act’s passage had also been delayed by the State Assembly’s refusal to pass multiple Senate-approved versions of a Clean Slate law. However, policymakers and advocates alike persisted, and on June 9, 2023, Clean Slate passed through both the State Assembly and the State Senate.

A Model for Future Advocates and Policymakers

When asked what he would say to young people looking to make a similar impact in the policy space, Zaki recommends, “Just start, start from exactly where you are. Ask all of the questions. Always be in a space of learning. Always ask questions: when they give an answer, ask again. Bring your whole self, all of your creativity, your art. There is no cookie cutter way to enact change in the world. Always be willing to know and understand that your experience also is not the only experience. And always be mindful that you are not the only one impacted by a thing.” It is unclear what the future holds for Zaki now that the Clean Slate Act has become law but one thing he assured us is that he “will also be a freedom fighter.”

The Clean Slate Law represents a step forward in criminal justice reform for millions of New Yorkers. This legislation will allow previously incarcerated individuals to access broader economic opportunities by opening up avenues to employment, housing, and, more, and by dismantling harmful stigma. Clean Slate will also help to keep our communities safer, facilitating mutual respect and permitting previously incarcerated individuals to live a dignified life.