S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5303
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by M. of A. AUBRY -- 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:
 §  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.
                                                            LBD08759-01-7

              

 A. 5303                             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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.