Rejoining Society-The Clean Slate Act

Societies across the globe are beginning to understand the need to restore the family unit and improve outcomes for people after incarceration. In some countries, governments deliberately try to reintegrate individuals into communities after serving their time by removing some of the policy limitations previously impeding progress for ex-inmates. For instance, on November 16, 2023, New York Governor Kathy Hochul signed the Clean Slate Act (S7551A/A1029C) into law. The Act seeks to enhance people’s eligibility for employment after serving their sentences. The Act will make approximately 2 million people eligible to have their records sealed, enhancing their employability. Although the Act does not erase people’s criminal past, it makes it possible to seal components of the record likely to cause prejudice during the hiring process. People convicted of misdemeanors will have their records sealed three years after release without further incidents. In comparison, felonies will take eight years without further conviction on any other crimes for eligibility to have records sealed. States such as Connecticut also have similar legislation for low-level and old crimes.

The progressive considerations incorporated in the Clean Slate Act provide an example of the possibilities for the Kenyan justice system. The country’s application of procedures such as government certification of an individual’s good conduct creates a significant impediment for individuals seeking gainful employment and attaining self-sufficiency after incarceration. The certification attests to the lack of a criminal past, which would only suffice for individuals without criminal records. Such certification may also prove counterproductive for individuals rejoining society after obtaining skills and knowledge within Kenyan prisons. Although it may be necessary to offer information to employers regarding an individual’s criminal history before employment, it is imperative to assess the nature of the criminal history and the duration after incarceration without further incidents. Adopting policies that support the reintegration of prisoners into society after serving their sentences, learning new skills, and enhancing their overall value to society is an issue worth exploring for improved outcomes within the Kenyan context.

Article By Ivy Ndindi

Strategy and Innovations Director, CELSIR