assembly Bill A2717

Authorizes a person to petition for expungement of records of arrest, investigation, detention and computer databases in certain instances

download pdf

Sponsor

WRIGHT

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 17 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Authorizes a person to petition for expungement of records of arrest, investigation, detention and computer databases in certain instances where such person may have been falsely arrested, whose case was dismissed, or where innocent.

do you support this bill?

Bill Details

Versions:
A2717
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.65, CP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A5005
2009-2010: A1446
2007-2008: A5584, S4169A
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2717

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the criminal procedure law, in relation to expungement
  of criminal records and penalties for violation of such provisions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  criminal  procedure  law  is amended by adding a new
section 160.65 to read as follows:
S 160.65 PETITION FOR EXPUNGEMENT OF RECORDS OF  ARREST,  INVESTIGATION,
           DETENTION  AND COMPUTER DATABASES FOR THE INNOCENT, DISMISSED
           CASES, AND THE FALSELY ARRESTED.
  1. ANY PERSON WHO HAS BEEN ARRESTED WITH OR WITHOUT WARRANT MAY  PETI-
TION  THE  COURT  IN  WHICH THE PROCEEDING OCCURRED OR, IF THERE WERE NO
COURT PROCEEDING,  ANY  COURT  IN  THE  JURISDICTION  WHERE  THE  ARREST
OCCURRED, FOR AN ORDER EXPUNGING ANY AND ALL RECORDS OF ARREST, INVESTI-
GATION,  COMPUTER  DATABASES,  AND RECORDS OF DETENTION PURSUANT TO THAT
VOIDABLE ARREST NOT LATER THAN THIRTY DAYS AFTER THE DATE ON  WHICH  THE
ARREST  BECOMES A VOIDABLE ARREST. LAW ENFORCEMENT AGENCIES MUST PROVIDE
IMMEDIATE NOTIFICATION TO A PERSON WHEN A RECORD OF DETENTION OR  ARREST
IS  BEING  GENERATED  ON SUCH PERSON.  FOR PURPOSES OF THIS SUBDIVISION,
THE TERM "VOIDABLE ARREST" MEANS ANY ARREST RESULTING IN THE FOLLOWING:
  (A) THE PERSON WAS RELEASED WITHOUT THE FILING OF FORMAL CHARGES;
  (B) A DETERMINATION THAT THE ARREST WAS WITHOUT PROBABLE CAUSE; OR
  (C) DISMISSAL OF PROCEEDINGS AGAINST THE PERSON.
  2.  ANY PERSON WHO KNOWINGLY FAILS TO EXPUNGE OR  OBLITERATE,  OR  WHO
RELEASES  INFORMATION ORDERED EXPUNGED, IS GUILTY OF A CLASS B MISDEMEA-
NOR.  A PERSON, WHO, KNOWING THE RECORDS ARE EXPUNGED, USES THE INFORMA-
TION FOR FINANCIAL GAIN, OR WILLFUL DESTRUCTION OF A PERSON'S  CHARACTER
IS GUILTY OF A CLASS D FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00787-01-3

A. 2717                             2

  3.  A  PERSON  WHO  HAS  RECEIVED  EXPUNGEMENT OF AN ARREST UNDER THIS
SECTION MAY RESPOND TO ANY EMPLOYMENT INQUIRY AS THOUGH THE  ARREST  DID
NOT OCCUR.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.