Assembly Bill A2717

2013-2014 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A2717 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.65, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1446
2011-2012: A5005
2015-2016: A4006
2017-2018: A5303
2019-2020: A4171
2021-2022: A2010
2023-2024: A638

2013-A2717 (ACTIVE) - 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.

2013-A2717 (ACTIVE) - Bill Text download pdf

                            
                    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
              

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