On our streets, social media and university campuses across the state, we have seen a drastic increase in vile antisemitic threats and hateful assaults on Jewish New Yorkers.
Under the one-size-fits-all approach of the Clean Slate Act, which the state Legislature passed this year, automatic and mandatory sealing of convictions will erase most hate crimes, up to and including hate-crime assaults with deadly weapons and those causing serious and disfiguring physical injury.
This dangerous bill will soon be delivered to Gov. Hochul’s desk for a signature.
Governor, New York is at a crossroads. We need your veto to preserve public safety and protect crime victims.
Christopher D’Aguiar, 28, allegedly punched a 29-year-old woman in the face inside the 42nd Street and Lexington Avenue station last month, telling her he slugged her because “you are Jewish,” police say.
D’Aguiar was charged with hate-crime assault, aggravated harassment, assault and harassment.
If he’s found guilty, the CSA will automatically wipe these convictions away before the victim’s order of protection even runs out.
The Cornell University community was terrified this week after student Patrick Dai allegedly posted messages directed toward Jewish students, threatening to slit their throats and bring an assault rifle to campus to shoot Jews.
Federal authorities arrested Dai, but if he were charged in state court with making a terroristic threat, a serious felony, and found guilty, the CSA would wipe away this conviction too.
These are just two examples from the dreadful Clean Slate Act, which fails to recognize the danger to society from many criminal acts — particularly hate crimes — remains long after the sentence has been served.
The ill-advised CSA also automatically seals other serious convictions including manslaughter, kidnapping, providing support for an act of terrorism, aggravated vehicular homicide, robbery, criminal possession of a weapon on school grounds and gang assault, to name a few.
This expungement of serious criminal records happens without any input from crime victims, judges or prosecutors, putting all New Yorkers in danger.
The act even bars employers from asking about sealed convictions.
Hiring someone to work at your church, mosque or synagogue?
He or she may have a hate-crime conviction, and you will never know.
Just like the state’s disastrous rollout of bail reform, the Clean Slate Act fails to give any consideration to the rights and interests of crime victims.
It will push New York even further toward the abyss of lawlessness and spiraling out-of-control crime.
I understand the desire for a more compassionate society; I believe in second chances.
But justice must be tempered with a responsibility to protect the public.
We must balance the rights of the accused with the rights of the victims — but this bill’s backers woefully and shamefully refused.
Gov. Hochul, I ask you to veto this awful act.
Our state already has a thoughtful process for individuals to request sealing of old convictions.
This is yet another “solution” in search of a problem.
We owe it to our communities and our justice system to proceed with caution.
Ray Tierney is the Suffolk County district attorney. He has been a prosecutor for over 30 years.