Is there anything more satisfying than washing your car, and then stepping back and admiring your now pristine vehicle? It’s like a fresh coat of paint on a wall or decluttering your desk, even though by week’s end the car will be a mess again. It seems we’re hardwired to appreciate a fresh start.
This is especially true when it comes to people. We all root for the underdog to turn misfortune around. It’s why some New Yorkers support the Clean Slate Law recently signed by Gov. Kathy Hochul. The law automatically seals criminal records for most offenders, in the hope that people will more easily shake any stigma associated with their convictions. This idea certainly comes from a good place, but there are never any one-size-fits-all answers when it comes to social issues or justice.
The core of this debate revolves around recidivism — the likelihood that a person will relapse into criminal behavior after completing a prison sentence. The hard, cold facts about the rates of recidivism are shocking. According to the Harvard Political Review, more than 600,000 individuals are released from state and federal prisons each year. Another 9 million are released from local jails. But within three years, two out of three are rearrested, and more than 50 percent go back to jail. That’s not good.
These statistics make it clear that a disproportionate number of ex-offenders return to criminal behavior. Now, that might very well fuel a legitimate sociological discussion as to why, but Clean Slate doesn’t address those issues. Descriptions of the bill say it’s simply for “people who have truly committed to turning their lives around.” The question is, how do we know who those people are? With such high recidivism, it’s apparent that there are very few of them, so why are we embracing such an across-the-board approach?
For years we allowed judges to seal records using their own discretion. Individuals could apply for certificates of good conduct, relief from civil disability, and expungement of records. Yet promoters of Clean Slate believe it’s wiser to hand that authority to legislators in Albany rather than leave it to knowledgeable legal professionals with years of decision-making experience.
Jack Martins represents the 7th Senate District.