S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6065--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M. of A. LENTOL, POWELL, PERRY, WRIGHT, JEFFRIES, BENJA-
  MIN, ORTIZ -- Multi-Sponsored by -- M. of A. FARRELL, GOTTFRIED, HEVE-
  SI, HOOPER,  MAISEL,  O'DONNELL,  PEOPLES-STOKES,  PRETLOW,  ROBINSON,
  SCARBOROUGH, SCHIMEL, TITUS -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the criminal procedure law and  the  executive  law,  in
  relation  to  permitting  the sealing of records of certain nonviolent
  misdemeanor or non-sexual misdemeanor offenses

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

  Section  1.  This  act  shall be known and may be cited as the "second
chance for ex-offenders act".
  S 2. The criminal procedure law is amended by  adding  a  new  section
160.65 to read as follows:
S 160.65 CONDITIONAL SEALING OF CERTAIN MISDEMEANOR OFFENSES.
  1.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "ELIGIBLE MISDEMEANOR"
SHALL BE A MISDEMEANOR OFFENSE DEFINED IN THE PENAL LAW,  PROVIDED  THAT
AN  ELIGIBLE MISDEMEANOR SHALL NOT MEAN A MISDEMEANOR OFFENSE DEFINED IN
ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE,
ONE HUNDRED FIFTY, TWO  HUNDRED  THIRTY-FIVE,  TWO  HUNDRED  SIXTY,  TWO
HUNDRED  SIXTY-THREE  OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW.  ADDI-
TIONALLY, AN ELIGIBLE MISDEMEANOR SHALL NOT INCLUDE ANY ONE OR  MORE  OF
THE  FOLLOWING:    KILLING  OR  INJURING  A  POLICE ANIMAL AS DEFINED IN
SECTION 195.06, HARMING AN ANIMAL TRAINED TO AID A PERSON WITH  A  DISA-
BILITY  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION 195.11, HARMING AN
ANIMAL TRAINED TO AID A PERSON WITH A DISABILITY IN THE FIRST DEGREE  AS
DEFINED  IN  SECTION 195.12, PROMOTING PROSTITUTION IN THE FOURTH DEGREE
AS DEFINED IN SECTION 230.20, RIOT IN THE SECOND DEGREE  AS  DEFINED  IN
SECTION  240.05,  INCITING  TO RIOT AS DEFINED IN SECTION 240.08, AGGRA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05277-10-0
              

A. 6065--A                          2

VATED HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION THREE OF
SECTION 240.30, CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES OR RELI-
GIOUS WORSHIP IN THE SECOND DEGREE AS DEFINED IN SECTION 240.70, OR  ANY
SPECIFIED  OFFENSE  SUBJECT  TO THE PROVISION RELATING TO HATE CRIMES AS
DEFINED IN SECTION 485.05 OF THE PENAL LAW.
  2. A PERSON HAVING A CONVICTION FOR NO MORE THAN THREE ELIGIBLE MISDE-
MEANORS, WHO DOES NOT STAND CONVICTED OF ANY FELONY,  MAY  PETITION  FOR
SUCH ELIGIBLE MISDEMEANORS TO BE CONDITIONALLY SEALED WHEN:
  (A)  AT  LEAST FIVE YEARS HAVE PAST SINCE THE COMPLETION OF A SENTENCE
ON AN ELIGIBLE MISDEMEANOR; AND
  (B) SUCH PERSON HAS NOT BEEN CONVICTED OF AN OFFENSE DURING  THE  LAST
FIVE YEARS AND IS NOT THE SUBJECT OF AN UNDISPOSED ARREST.
  3. THE PETITION AUTHORIZED BY THIS SECTION SHALL BE FILED IN THE COURT
OF  RECORD  THAT LAST IMPOSED A SENTENCE UPON PETITIONER FOR AN ELIGIBLE
MISDEMEANOR. ON THE DEFENDANT'S MOTION, THE COURT  MAY  ORDER  THAT  ALL
OFFICIAL  RECORDS  AND  PAPERS  RELATING  TO THE ARREST, PROSECUTION AND
CONVICTION RECORDS FOR NO MORE  THAN  THREE  OF  THE  DEFENDANT'S  PRIOR
ELIGIBLE  MISDEMEANORS BE CONDITIONALLY SEALED.  THE COURT MAY ONLY SEAL
THE RECORDS OF THE DEFENDANT'S  ARRESTS,  PROSECUTIONS  AND  CONVICTIONS
WHEN:
  (A)  THE SENTENCING COURT HAS REQUESTED AND RECEIVED FROM THE DIVISION
OF CRIMINAL JUSTICE SERVICES OR THE FEDERAL BUREAU  OF  INVESTIGATION  A
FINGERPRINT  BASED  CRIMINAL  HISTORY RECORD OF THE DEFENDANT, INCLUDING
ANY SEALED OR SUPPRESSED INFORMATION. THE DIVISION OF  CRIMINAL  JUSTICE
SERVICES  SHALL ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM THE
FEDERAL BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY  INFORMA-
TION  THAT  OCCURRED  IN  OTHER  JURISDICTIONS.  THE  DIVISION IS HEREBY
AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVES-
TIGATION FOR THIS PURPOSE. THE PARTIES SHALL  BE  PERMITTED  TO  EXAMINE
THESE RECORDS;
  (B)  THE  DEFENDANT OR COURT HAS IDENTIFIED THE MISDEMEANOR CONVICTION
OR CONVICTIONS FOR WHICH RELIEF MAY BE GRANTED;
  (C) THE COURT HAS RECEIVED DOCUMENTATION THAT THE SENTENCES IMPOSED ON
THE ELIGIBLE MISDEMEANOR CONVICTIONS HAVE BEEN COMPLETED, OR IF NO  SUCH
DOCUMENTATION  IS  REASONABLY  AVAILABLE,  A  SWORN  AFFIDAVIT  THAT THE
SENTENCES IMPOSED ON THE PRIOR MISDEMEANORS HAVE BEEN COMPLETED; AND
  (D) THE COURT HAS NOTIFIED THE DISTRICT ATTORNEY OF EACH  JURISDICTION
IN  WHICH THE DEFENDANT HAS BEEN CONVICTED OF AN OFFENSE WITH RESPECT TO
WHICH SEALING IS SOUGHT, AND THE COURT OR  COURTS  OF  RECORD  FOR  SUCH
OFFENSES,  THAT  THE  COURT  IS  CONSIDERING  SEALING THE RECORDS OF THE
DEFENDANT'S ELIGIBLE MISDEMEANOR CONVICTIONS. BOTH THE DISTRICT ATTORNEY
AND THE COURT SHALL BE GIVEN A REASONABLE OPPORTUNITY, WHICH  SHALL  NOT
BE  LESS  THAN  THIRTY DAYS, IN WHICH TO COMMENT AND SUBMIT MATERIALS TO
AID THE COURT IN MAKING SUCH A DETERMINATION. WHEN THE COURT NOTIFIES  A
DISTRICT  ATTORNEY OF A SEALING APPLICATION, THE DISTRICT ATTORNEY SHALL
PROVIDE NOTICE TO THE VICTIM, IF ANY,  OF  THE  SEALING  APPLICATION  BY
MAILING  WRITTEN NOTICE TO THE VICTIM'S LAST-KNOWN ADDRESS. FOR PURPOSES
OF THIS SECTION "VICTIM" MEANS ANY PERSON WHO HAS SUSTAINED PHYSICAL  OR
FINANCIAL  INJURY  TO  PERSON  OR  TO PROPERTY AS A DIRECT RESULT OF THE
MISDEMEANOR CRIME OR MISDEMEANOR CRIMES FOR WHICH SEALING IS APPLIED.
  4. AT THE REQUEST OF THE DEFENDANT OR THE DISTRICT ATTORNEY OF A COUN-
TY IN WHICH THE DEFENDANT COMMITTED A CRIME THAT IS THE SUBJECT  OF  THE
SEALING  APPLICATION,  THE  COURT  MAY CONDUCT A HEARING TO CONSIDER AND
REVIEW ANY RELEVANT EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID  THE
COURT  IN  ITS  DECISION  WHETHER TO SEAL THE RECORDS OF THE DEFENDANT'S
ARRESTS, PROSECUTIONS AND CONVICTIONS.  IN MAKING SUCH A  DETERMINATION,

A. 6065--A                          3

THE COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED
TO:
  (A)  THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES THAT
RESULTED IN THE CONVICTION OR CONVICTIONS;
  (B) THE CHARACTER OF THE DEFENDANT, INCLUDING WHAT STEPS THE PETITION-
ER HAS TAKEN SINCE THE TIME OF THE  OFFENSE  TOWARD  PERSONAL  REHABILI-
TATION,  INCLUDING  TREATMENT,  WORK,  SCHOOL, OR OTHER PERSONAL HISTORY
THAT DEMONSTRATES REHABILITATION;
  (C) THE DEFENDANT'S CRIMINAL HISTORY;
  (D) THE IMPACT OF SEALING THE DEFENDANT'S  RECORDS  UPON  HIS  OR  HER
REHABILITATION  AND  HIS  OR  HER  SUCCESSFUL AND PRODUCTIVE REENTRY AND
REINTEGRATION INTO SOCIETY, AND ON PUBLIC SAFETY; AND
  (E) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE WHERE THERE IS IN
FACT A VICTIM OF THE CRIME.
  5. AFTER A COURT DECLARES ITS WILLINGNESS  TO  GRANT  THE  DEFENDANT'S
REQUEST FOR CONDITIONAL SEALING PURSUANT TO THIS SECTION, BUT BEFORE THE
COURT ORDERS SEALING PURSUANT TO THIS SECTION, THE DEFENDANT SHALL PAY A
MANDATORY CONDITIONAL SEALING FEE. THE MANDATORY CONDITIONAL SEALING FEE
WILL  BE  A  FEE  OF  EIGHTY  DOLLARS, HOWEVER, SUCH FILING FEE SHALL BE
WAIVED IN CASES OF INDIGENCE. THE MANDATORY FILING FEE SHALL BE PAID  TO
THE  CLERK  OF  THE  COURT  OR ADMINISTRATIVE TRIBUNAL THAT RENDERED THE
CONVICTION. WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOWING  COLLECTION
OF THE MANDATORY FILING FEE, THE COLLECTING AUTHORITY IF IT IS AN ADMIN-
ISTRATIVE  TRIBUNAL,  OR A TOWN OR VILLAGE JUSTICE COURT, SHALL THEN PAY
SUCH MONEY TO THE STATE COMPTROLLER WHO SHALL DEPOSIT SUCH MONEY IN  THE
STATE  TREASURY  PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE OF THE STATE
FINANCE LAW TO THE CREDIT OF THE INDIGENT LEGAL SERVICES FUND.  IF  SUCH
COLLECTING  AUTHORITY IS ANY OTHER COURT OF THE UNIFIED COURT SYSTEM, IT
SHALL, WITHIN SUCH PERIOD, PAY SUCH MONEY ATTRIBUTABLE TO THE  MANDATORY
FILING  FEE  TO  THE  STATE  COMMISSIONER OF TAXATION AND FINANCE TO THE
CREDIT OF THE INDIGENT LEGAL SERVICES FUND ESTABLISHED BY SECTION  NINE-
TY-EIGHT-B OF THE STATE FINANCE LAW.
  6.  WHEN A COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL OFFICIAL
RECORDS  AND  PAPERS  RELATING  TO  THE   ARRESTS,   PROSECUTIONS,   AND
CONVICTIONS,  INCLUDING  ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH
THE DIVISION OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL  BE  SEALED
AND  NOT  MADE  AVAILABLE  TO  ANY  PERSON  OR PUBLIC OR PRIVATE AGENCY;
PROVIDED, HOWEVER, THE DIVISION SHALL  RETAIN  ANY  FINGERPRINTS,  PALM-
PRINTS, PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.
  7.  WHEN  THE COURT ORDERS SEALING PURSUANT TO THIS SECTION, THE CLERK
OF SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE  DIVISION
OF CRIMINAL JUSTICE SERVICES, AND ANY COURT THAT SENTENCED THE DEFENDANT
FOR  AN  OFFENSE  WHICH  HAS  BEEN  CONDITIONALLY  SEALED, REGARDING THE
RECORDS THAT SHALL BE SEALED PURSUANT TO THIS SECTION.
  8. RECORDS SEALED PURSUANT TO THIS SUBDIVISION SHALL BE MADE AVAILABLE
TO:
  (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
  (B) QUALIFIED AGENCIES, AS DEFINED  IN  SUBDIVISION  NINE  OF  SECTION
EIGHT  HUNDRED  THIRTY-FIVE  OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN  THE  SCOPE  OF  THEIR  LAW
ENFORCEMENT DUTIES;
  (C)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE  APPLICA-
TION FOR SUCH A LICENSE; OR
  (D)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF

A. 6065--A                          4

SECTION  1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER  OR  PEACE
OFFICER  SHALL  BE  FURNISHED  WITH A COPY OF ALL RECORDS OBTAINED UNDER
THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
TO.
  9. THE COURT SHALL NOT SEAL THE DEFENDANT'S RECORD  PURSUANT  TO  THIS
SECTION WHILE ANY CHARGED OFFENSE IS PENDING.
  10. IF, SUBSEQUENT TO THE SEALING OF RECORDS PURSUANT TO THIS SUBDIVI-
SION,  THE  PERSON WHO IS THE SUBJECT OF SUCH RECORDS IS ARRESTED FOR OR
FORMALLY CHARGED WITH ANY MISDEMEANOR OR FELONY  OFFENSE,  SUCH  RECORDS
SHALL  BE  UNSEALED  IMMEDIATELY AND REMAIN UNSEALED; PROVIDED, HOWEVER,
THAT IF SUCH NEW MISDEMEANOR OR FELONY ARREST RESULTS IN  A  TERMINATION
IN  FAVOR  OF  THE  ACCUSED  AS  DEFINED IN SUBDIVISION THREE OF SECTION
160.50 OF THIS ARTICLE OR BY CONVICTION FOR A  NON-CRIMINAL  OFFENSE  AS
DESCRIBED IN SECTION 160.55 OF THIS ARTICLE, SUCH UNSEALED RECORDS SHALL
BE CONDITIONALLY SEALED PURSUANT TO THIS SECTION.
  S 3. Subdivision 16 of section 296 of the executive law, as separately
amended  by section 3 of part N and section 14 of part AAA of chapter 56
of the laws of 2009, is amended to read as follows:
  16. It shall be an unlawful discriminatory  practice,  unless  specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
involved, any arrest or criminal accusation of such individual not  then
pending  against  that individual which was followed by a termination of
that criminal action or proceeding  in  favor  of  such  individual,  as
defined  in  subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined  in  subdivision
one  of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law or by a conviction which is sealed pursuant to  section  160.58
of the criminal procedure law, OR BY A CONVICTION WHICH IS SEALED PURSU-
ANT  TO SECTION 160.65 OF THE CRIMINAL PROCEDURE LAW, in connection with
the licensing, employment or providing of credit or  insurance  to  such
individual;  provided,  further,  that  no  person  shall be required to
divulge information pertaining to any arrest or criminal  accusation  of
such  individual  not  then  pending  against  that individual which was
followed by a termination of that criminal action or proceeding in favor
of such individual, as defined in subdivision two of section  160.50  of
the  criminal  procedure law, or by a youthful offender adjudication, as
defined in subdivision one of section 720.35 of the  criminal  procedure
law,  or  by  a  conviction  for  a violation sealed pursuant to section
160.55 of the criminal procedure law, or by a conviction which is sealed
pursuant to section 160.58 of  the  criminal  procedure  law,  OR  BY  A
CONVICTION  WHICH  IS  SEALED PURSUANT TO SECTION 160.65 OF THE CRIMINAL
PROCEDURE LAW. The provisions of this subdivision shall not apply to the
licensing activities of governmental bodies in  relation  to  the  regu-
lation  of  guns, firearms and other deadly weapons or in relation to an
application for employment as a police officer or peace officer as those
terms are  defined  in  subdivisions  thirty-three  and  thirty-four  of
section  1.20  of  the criminal procedure law; provided further that the
provisions of this subdivision shall not apply  to  an  application  for
employment  or  membership in any law enforcement agency with respect to
any arrest or criminal accusation  which  was  followed  by  a  youthful

A. 6065--A                          5

offender  adjudication,  as defined in subdivision one of section 720.35
of the criminal procedure law, or by a conviction for a violation sealed
pursuant to section 160.55 of  the  criminal  procedure  law,  or  by  a
conviction  which  is  sealed pursuant to section 160.58 of the criminal
procedure law, OR BY A CONVICTION WHICH IS SEALED  PURSUANT  TO  SECTION
160.65 OF THE CRIMINAL PROCEDURE LAW.
  S 4. This act shall take effect on the one hundred eightieth day after
it  shall have become a law and shall apply to all convictions occurring
prior to, on, and after such date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6065--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M. of A. LENTOL, POWELL, PERRY, WRIGHT, JEFFRIES, BENJA-
  MIN, ORTIZ, LAVINE -- Multi-Sponsored by -- M. of  A.  FARRELL,  GOTT-
  FRIED,  HEVESI,  HOOPER,  MAISEL,  O'DONNELL, PEOPLES-STOKES, PRETLOW,
  ROBINSON, SCARBOROUGH, SCHIMEL, TITUS -- read once and referred to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the criminal procedure law and the executive law, in
  relation to permitting the sealing of records  of  certain  nonviolent
  misdemeanor or non-sexual misdemeanor offenses

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

  Section 1. This act shall be known and may be  cited  as  the  "second
chance for ex-offenders act".
  S  2.  The  criminal  procedure law is amended by adding a new section
160.65 to read as follows:
S 160.65 CONDITIONAL SEALING OF CERTAIN MISDEMEANOR OFFENSES.
  1. FOR THE PURPOSES OF THIS SECTION, THE TERM  "ELIGIBLE  MISDEMEANOR"
SHALL  BE  A MISDEMEANOR OFFENSE DEFINED IN THE PENAL LAW, PROVIDED THAT
AN ELIGIBLE MISDEMEANOR SHALL NOT MEAN A MISDEMEANOR OFFENSE DEFINED  IN
ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE,
ONE  HUNDRED FIFTY, TWO HUNDRED THIRTY-FIVE, TWO HUNDRED FORTY-FIVE, TWO
HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE, TWO HUNDRED SIXTY-FIVE OR  ARTI-
CLE  FOUR  HUNDRED  OF  THE PENAL LAW. AN ELIGIBLE MISDEMEANOR SHALL NOT
INCLUDE ANY ONE OR MORE OF THE FOLLOWING: KILLING OR INJURING  A  POLICE
ANIMAL  AS DEFINED IN SECTION 195.06, HARMING AN ANIMAL TRAINED TO AID A
PERSON WITH A DISABILITY IN THE SECOND  DEGREE  AS  DEFINED  IN  SECTION
195.11,  HARMING  AN ANIMAL TRAINED TO AID A PERSON WITH A DISABILITY IN
THE FIRST DEGREE AS DEFINED IN SECTION 195.12, PROMOTING PROSTITUTION IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05277-12-0
              

A. 6065--B                          2

THE FOURTH DEGREE AS DEFINED IN  SECTION  230.20,  RIOT  IN  THE  SECOND
DEGREE  AS  DEFINED  IN  SECTION  240.05, INCITING TO RIOT AS DEFINED IN
SECTION 240.08, AGGRAVATED HARASSMENT IN THE SECOND DEGREE AS DEFINED IN
SUBDIVISION  THREE  OF SECTION 240.30, CRIMINAL INTERFERENCE WITH HEALTH
CARE SERVICES OR RELIGIOUS WORSHIP IN THE SECOND DEGREE  AS  DEFINED  IN
SECTION 240.70, HARMING A SERVICE ANIMAL IN THE SECOND DEGREE AS DEFINED
IN  SECTION  242.10,  DISSEMINATION OF AN UNLAWFUL SURVEILLANCE IMAGE IN
THE SECOND DEGREE AS DEFINED IN SECTION 250.55, OR ANY SPECIFIED OFFENSE
SUBJECT TO THE PROVISION RELATING TO HATE CRIMES AS DEFINED  IN  SECTION
485.05 OF THE PENAL LAW. ADDITIONALLY, AN ELIGIBLE MISDEMEANOR SHALL NOT
INCLUDE  CRIMINAL SOLICITATION, CONSPIRACY, ATTEMPT, OR CRIMINAL FACILI-
TATION TO COMMIT ANY VIOLENT FELONY OFFENSE AS DEFINED IN SECTION  70.02
OF  THE PENAL LAW, OR ANY SEX OFFENSE AS DEFINED UNDER SUBSECTION TWO OF
SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
  2. A PERSON HAVING A CONVICTION FOR NO MORE THAN  THREE  MISDEMEANORS,
WHO  DOES  NOT  STAND CONVICTED OF ANY FELONY, OR WHO IS NOT REQUIRED TO
MAINTAIN REGISTRATION UNDER ARTICLE SIX-C OF  THE  CORRECTION  LAW,  MAY
PETITION  THE COURT TO CONDITIONALLY SEAL UP TO THREE ELIGIBLE MISDEMEA-
NORS WHEN:
  (A) AT LEAST FIVE YEARS HAVE PAST SINCE THE COMPLETION OF  A  SENTENCE
ON AN ELIGIBLE MISDEMEANOR; AND
  (B)  SUCH  PERSON HAS NOT BEEN CONVICTED OF AN OFFENSE DURING THE LAST
FIVE YEARS AND IS NOT THE SUBJECT OF AN UNDISPOSED ARREST.
  3. THE PETITION AUTHORIZED BY THIS SECTION SHALL BE FILED IN THE COURT
OF RECORD THAT LAST IMPOSED A SENTENCE UPON PETITIONER FOR  AN  ELIGIBLE
MISDEMEANOR.  ON  THE  DEFENDANT'S  MOTION, THE COURT MAY ORDER THAT ALL
OFFICIAL RECORDS AND PAPERS RELATING  TO  THE  ARREST,  PROSECUTION  AND
CONVICTION  RECORDS  FOR  NO  MORE  THAN  THREE OF THE DEFENDANT'S PRIOR
ELIGIBLE MISDEMEANORS BE CONDITIONALLY SEALED.  THE COURT MAY ONLY  SEAL
THE  RECORDS  OF  THE  DEFENDANT'S ARRESTS, PROSECUTIONS AND CONVICTIONS
WHEN:
  (A) THE SENTENCING COURT HAS REQUESTED AND RECEIVED FROM THE  DIVISION
OF  CRIMINAL  JUSTICE  SERVICES OR THE FEDERAL BUREAU OF INVESTIGATION A
FINGERPRINT BASED CRIMINAL HISTORY RECORD OF  THE  DEFENDANT,  INCLUDING
ANY  SEALED  OR SUPPRESSED INFORMATION. THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM  THE
FEDERAL  BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY INFORMA-
TION THAT OCCURRED  IN  OTHER  JURISDICTIONS.  THE  DIVISION  IS  HEREBY
AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVES-
TIGATION  FOR  THIS  PURPOSE.  THE PARTIES SHALL BE PERMITTED TO EXAMINE
THESE RECORDS;
  (B) THE DEFENDANT OR COURT HAS IDENTIFIED THE  MISDEMEANOR  CONVICTION
OR CONVICTIONS FOR WHICH RELIEF MAY BE GRANTED;
  (C) THE COURT HAS RECEIVED DOCUMENTATION THAT THE SENTENCES IMPOSED ON
THE  ELIGIBLE MISDEMEANOR CONVICTIONS HAVE BEEN COMPLETED, OR IF NO SUCH
DOCUMENTATION IS  REASONABLY  AVAILABLE,  A  SWORN  AFFIDAVIT  THAT  THE
SENTENCES IMPOSED ON THE PRIOR MISDEMEANORS HAVE BEEN COMPLETED; AND
  (D)  THE COURT HAS NOTIFIED THE DISTRICT ATTORNEY OF EACH JURISDICTION
IN WHICH THE DEFENDANT HAS BEEN CONVICTED OF AN OFFENSE WITH RESPECT  TO
WHICH  SEALING  IS  SOUGHT,  AND  THE COURT OR COURTS OF RECORD FOR SUCH
OFFENSES, THAT THE COURT IS  CONSIDERING  SEALING  THE  RECORDS  OF  THE
DEFENDANT'S ELIGIBLE MISDEMEANOR CONVICTIONS. BOTH THE DISTRICT ATTORNEY
AND  THE  COURT SHALL BE GIVEN A REASONABLE OPPORTUNITY, WHICH SHALL NOT
BE LESS THAN THIRTY DAYS, IN WHICH TO COMMENT AND  SUBMIT  MATERIALS  TO
AID  THE COURT IN MAKING SUCH A DETERMINATION. WHEN THE COURT NOTIFIES A
DISTRICT ATTORNEY OF A SEALING APPLICATION, THE DISTRICT ATTORNEY  SHALL

A. 6065--B                          3

PROVIDE  NOTICE  TO  THE  VICTIM,  IF ANY, OF THE SEALING APPLICATION BY
MAILING WRITTEN NOTICE TO THE VICTIM'S LAST-KNOWN ADDRESS. FOR  PURPOSES
OF  THIS SECTION "VICTIM" MEANS ANY PERSON WHO HAS SUSTAINED PHYSICAL OR
FINANCIAL  INJURY  TO  PERSON  OR  TO PROPERTY AS A DIRECT RESULT OF THE
MISDEMEANOR CRIME OR MISDEMEANOR CRIMES FOR WHICH SEALING IS APPLIED.
  4. AT THE REQUEST OF THE DEFENDANT OR THE DISTRICT ATTORNEY OF A COUN-
TY IN WHICH THE DEFENDANT COMMITTED A CRIME THAT IS THE SUBJECT  OF  THE
SEALING  APPLICATION,  THE  COURT  MAY CONDUCT A HEARING TO CONSIDER AND
REVIEW ANY RELEVANT EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID  THE
COURT  IN  ITS  DECISION  WHETHER TO SEAL THE RECORDS OF THE DEFENDANT'S
ARRESTS, PROSECUTIONS AND CONVICTIONS.  IN MAKING SUCH A  DETERMINATION,
THE COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED
TO:
  (A)  THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES THAT
RESULTED IN THE CONVICTION OR CONVICTIONS;
  (B) THE CHARACTER OF THE DEFENDANT, INCLUDING WHAT STEPS THE PETITION-
ER HAS TAKEN SINCE THE TIME OF THE  OFFENSE  TOWARD  PERSONAL  REHABILI-
TATION,  INCLUDING  TREATMENT,  WORK,  SCHOOL, OR OTHER PERSONAL HISTORY
THAT DEMONSTRATES REHABILITATION;
  (C) THE DEFENDANT'S CRIMINAL HISTORY;
  (D) THE IMPACT OF SEALING THE DEFENDANT'S  RECORDS  UPON  HIS  OR  HER
REHABILITATION  AND  HIS  OR  HER  SUCCESSFUL AND PRODUCTIVE REENTRY AND
REINTEGRATION INTO SOCIETY, AND ON PUBLIC SAFETY; AND
  (E) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE WHERE THERE IS IN
FACT A VICTIM OF THE CRIME.
  5. AFTER A COURT DECLARES ITS WILLINGNESS  TO  GRANT  THE  DEFENDANT'S
REQUEST FOR CONDITIONAL SEALING PURSUANT TO THIS SECTION, BUT BEFORE THE
COURT ORDERS SEALING PURSUANT TO THIS SECTION, THE DEFENDANT SHALL PAY A
MANDATORY CONDITIONAL SEALING FEE. THE MANDATORY CONDITIONAL SEALING FEE
WILL  BE  A  FEE  OF  EIGHTY  DOLLARS, HOWEVER, SUCH FILING FEE SHALL BE
WAIVED IN CASES OF INDIGENCE. THE MANDATORY FILING FEE SHALL BE PAID  TO
THE  CLERK  OF  THE  COURT  OR ADMINISTRATIVE TRIBUNAL THAT RENDERED THE
CONVICTION. WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOWING  COLLECTION
OF THE MANDATORY FILING FEE, THE COLLECTING AUTHORITY IF IT IS AN ADMIN-
ISTRATIVE  TRIBUNAL,  OR A TOWN OR VILLAGE JUSTICE COURT, SHALL THEN PAY
SUCH MONEY TO THE STATE COMPTROLLER WHO SHALL DEPOSIT SUCH MONEY IN  THE
STATE  TREASURY  PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE OF THE STATE
FINANCE LAW TO THE CREDIT OF THE INDIGENT LEGAL SERVICES FUND.  IF  SUCH
COLLECTING  AUTHORITY IS ANY OTHER COURT OF THE UNIFIED COURT SYSTEM, IT
SHALL, WITHIN SUCH PERIOD, PAY SUCH MONEY ATTRIBUTABLE TO THE  MANDATORY
FILING  FEE  TO  THE  STATE  COMMISSIONER OF TAXATION AND FINANCE TO THE
CREDIT OF THE INDIGENT LEGAL SERVICES FUND ESTABLISHED BY SECTION  NINE-
TY-EIGHT-B OF THE STATE FINANCE LAW.
  6.  WHEN A COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL OFFICIAL
RECORDS  AND  PAPERS  RELATING  TO  THE   ARRESTS,   PROSECUTIONS,   AND
CONVICTIONS,  INCLUDING  ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH
THE DIVISION OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL  BE  SEALED
AND  NOT  MADE  AVAILABLE  TO  ANY  PERSON  OR PUBLIC OR PRIVATE AGENCY;
PROVIDED, HOWEVER, THE DIVISION SHALL  RETAIN  ANY  FINGERPRINTS,  PALM-
PRINTS, PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.
  7.  WHEN  THE COURT ORDERS SEALING PURSUANT TO THIS SECTION, THE CLERK
OF SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE  DIVISION
OF CRIMINAL JUSTICE SERVICES, AND ANY COURT THAT SENTENCED THE DEFENDANT
FOR  AN  OFFENSE  WHICH  HAS  BEEN  CONDITIONALLY  SEALED, REGARDING THE
RECORDS THAT SHALL BE SEALED PURSUANT TO THIS SECTION.

A. 6065--B                          4

  8. RECORDS SEALED PURSUANT TO THIS SUBDIVISION SHALL BE MADE AVAILABLE
TO:
  (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
  (B)  QUALIFIED  AGENCIES,  AS  DEFINED  IN SUBDIVISION NINE OF SECTION
EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, AND  FEDERAL  AND  STATE
LAW  ENFORCEMENT  AGENCIES,  WHEN  ACTING  WITHIN THE SCOPE OF THEIR LAW
ENFORCEMENT DUTIES;
  (C) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY  FOR  THE
ISSUANCE  OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE APPLICA-
TION FOR SUCH A LICENSE; OR
  (D) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE  OFFICER  AS
THOSE  TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF
SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR  EMPLOY-
MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
PERSON  WHO  IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE
OFFICER SHALL BE FURNISHED WITH A COPY OF  ALL  RECORDS  OBTAINED  UNDER
THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
TO.
  9.  THE  COURT  SHALL NOT SEAL THE DEFENDANT'S RECORD PURSUANT TO THIS
SECTION WHILE ANY CHARGED OFFENSE IS PENDING.
  10. IF, SUBSEQUENT TO THE SEALING OF RECORDS PURSUANT TO THIS SUBDIVI-
SION, THE PERSON WHO IS THE SUBJECT OF SUCH RECORDS IS ARRESTED  FOR  OR
FORMALLY  CHARGED  WITH  ANY MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS
SHALL BE UNSEALED IMMEDIATELY AND REMAIN  UNSEALED;  PROVIDED,  HOWEVER,
THAT  IF  SUCH NEW MISDEMEANOR OR FELONY ARREST RESULTS IN A TERMINATION
IN FAVOR OF THE ACCUSED AS  DEFINED  IN  SUBDIVISION  THREE  OF  SECTION
160.50  OF  THIS  ARTICLE OR BY CONVICTION FOR A NON-CRIMINAL OFFENSE AS
DESCRIBED IN SECTION 160.55 OF THIS ARTICLE, SUCH UNSEALED RECORDS SHALL
BE CONDITIONALLY SEALED PURSUANT TO THIS SECTION.
  S 3. Subdivision 16 of section 296 of the executive law, as separately
amended by section 3 of part N and section 14 of part AAA of chapter  56
of the laws of 2009, is amended to read as follows:
  16.  It  shall  be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
involved,  any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a  termination  of
that  criminal  action  or  proceeding  in  favor of such individual, as
defined in subdivision two of section 160.50 of the  criminal  procedure
law,  or  by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a  conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure  law  or by a conviction which is sealed pursuant to section 160.58
of the criminal procedure law, OR BY A CONVICTION WHICH IS SEALED PURSU-
ANT TO SECTION 160.65 OF THE CRIMINAL PROCEDURE LAW, in connection  with
the  licensing,  employment  or providing of credit or insurance to such
individual; provided, further, that  no  person  shall  be  required  to
divulge  information  pertaining to any arrest or criminal accusation of
such individual not then  pending  against  that  individual  which  was
followed by a termination of that criminal action or proceeding in favor
of  such  individual, as defined in subdivision two of section 160.50 of
the criminal procedure law, or by a youthful offender  adjudication,  as
defined  in  subdivision one of section 720.35 of the criminal procedure
law, or by a conviction for  a  violation  sealed  pursuant  to  section

A. 6065--B                          5

160.55 of the criminal procedure law, or by a conviction which is sealed
pursuant  to  section  160.58  of  the  criminal  procedure law, OR BY A
CONVICTION WHICH IS SEALED PURSUANT TO SECTION 160.65  OF  THE  CRIMINAL
PROCEDURE LAW. The provisions of this subdivision shall not apply to the
licensing  activities  of  governmental  bodies in relation to the regu-
lation of guns, firearms and other deadly weapons or in relation  to  an
application for employment as a police officer or peace officer as those
terms  are  defined  in  subdivisions  thirty-three  and  thirty-four of
section 1.20 of the criminal procedure law; provided  further  that  the
provisions  of  this  subdivision  shall not apply to an application for
employment or membership in any law enforcement agency with  respect  to
any  arrest  or  criminal  accusation  which  was followed by a youthful
offender adjudication, as defined in subdivision one of  section  720.35
of the criminal procedure law, or by a conviction for a violation sealed
pursuant  to  section  160.55  of  the  criminal  procedure law, or by a
conviction which is sealed pursuant to section 160.58  of  the  criminal
procedure  law,  OR  BY A CONVICTION WHICH IS SEALED PURSUANT TO SECTION
160.65 OF THE CRIMINAL PROCEDURE LAW.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to all convictions  occurring
prior to, on, and after such date.