DAVE: DIRTY DEAL
Paterson seal of disapproval on Clean Slate
Former New York Gov. David Paterson on Sunday threw cold water on the state’s Clean Slate Act — saying the proposal to automatically seal most criminal records after excons serve their sentences is useless for recidivist offenders.
The measure — which would seal conviction records three years after sentencing for misdemeanors and eight years for felonies — recently passed both the state Assembly and Senate, but still must be approved by Gov. Hochul to become law.
Paterson, however, said now may not be the right time to wipe slates clean while New York grapples with shoplifting and other quality-of-life crimes committed by serial criminals or recidivists.
“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,” Paterson said Sunday morning on John Catsimatidis “Cats Roundtable” WABC 770 AM radio show.
“The Legislature’s intent was positive,” he continued. “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 said.
While drug-related convictions would be sealed, there are exceptions as most “Class A” felonies — including murder, terrorism, kidnapping and many sex crimes — wouldn’t be wiped clean under the bill.
A new tune
Paterson’s comments were a sharp departure from some of his views and record as a state senator and governor, when he was clearly in the criminal justice reform camp.
In 2009, the Democrat approved a law overhauling the stiff Rockefellerera drug laws, which required minimum sentences and took discretion out of the hands of judges. The 1970s laws were approved at a time when drug-related crimes were rampant and politicians faced pressure to act.
The law Paterson approved gave judges discretion to send nonviolent drug offenders to treatment instead of prison.
“Under the Rockefeller Drug Laws, we did not treat the people who were addicted. We locked them up,” Paterson said in 2009. “Families were broken, money was wasted, and we continued to wrestle with a statewide drug problem.”
But as a radio commentator, Paterson has pushed a more law-and-order platform.
For instance, he recently came out in support of Daniel Penny — saying the Marine did not commit a crime and should not have been charged with manslaughter in the subway chokehold death of Jordan Neely.