NY State Assembly Bill 2009-A9989

Assembly Bill A9989

2009-2010 Legislative Session

Allows the second chance commission upon application to order upon termination of criminal action by conviction for certain offenses the sealing of all official records

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 23, 2010	referred to codes

2009-A9989 (ACTIVE) - Details

See Senate Version of this Bill:: S2244
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §160.65, CP L
Versions Introduced in 2011-2012 Legislative Session:: A2533

2009-A9989 (ACTIVE) - Summary

Allows the court upon application to order upon termination of criminal action by conviction for certain offenses the sealing of all official records and papers; further provides that this act shall be known as the "second chance program".

2009-A9989 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9989

TITLE  OF BILL:  An act to amend the criminal procedure law, in relation
to the sealing of certain criminal records

PURPOSE OR GENERAL IDEA OF BILL: Permits individuals, who have  success-
fully  demonstrated their rehabilitation, to have the records of certain
non-violent, non-sexual convictions sealed. Successful participation  in
this  program  will  help  remove  the stigma associated with a criminal
conviction and, while protecting public safety and maintaining community
trust in the criminal justice  system,  help  reintegrate  into  society
individuals  convicted  of  certain  crimes but who have demonstrated an
ability to now live within the law.

SUMMARY OF SPECIFIC PROVISIONS: Permits any eligible  person,  at  least
five  years  after  they  have  completed  a  sentence  resulting from a
conviction, and who meet certain  specified  programmatic  criteria,  to
apply  to  have  all  records  relating  to  a  covered  prosecution  or
conviction sealed.

Eligible individuals are, specified as persons who have  been  convicted
of  no  more"  than  two  non-violent, non-sexual felonies involving the
sale, distribution or possession of controlled substances and  not  more
than  two  misdemeanors.  The  individual  seeking to have their records
sealed shall have complied with a Second Chance program approved by  the
Division  Of Criminal Justice Services, said program to include at least

one year of public service, and, where deemed necessary, the  successful
completion  of an alcohol or substance treatment program and the attain-
ment of a GED or high-school diploma, Persons convicted of murder, homi-
cide, serious sex-related or violent felonies or of the sale of drugs to
a child, are excluded from program eligibility.

The eligible applicant, having satisfactorily met all  the  requirements
provided by the statute may apply to the Second Chance commission, to he
comprised  of individuals appointed by the Governor, the Senate Majority
Leader, Speaker of the Assembly and two by the New York District  Attor-
ney's Association.

Material  sealed  may  be made available only to the person's designated
agent, designated law enforcement agencies,'a court with  responsibility
for  the criminal adjudication of the individual, an agency with respon-
sibility for the issuance of fire arms permits, and, with regard  to  an
employment application, any governmental agency involved in the investi-
gation or prosecution of criminal or civil statutes.

In  the  event  that the person whose records have been sealed is subse-
quently convicted of a misdemeanor or felony, the sealing order shall be
automatically repealed and relevant records unsealed.

JUSTIFICATION: Currently there are thousands of New Yorkers behind  bars
in  various  correctional  facilities. Upon release, unfortunately, many
return to drugs and crime when they find it difficult to  secure  decent

jobs,  obtain  educational  loans  submitted in accordance with Assembly
Rule III, Section I(e) and locate appropriate housing. The Second Chance
program enacted by this proposal is designed to  give  people  who  have
been convicted of a nonviolent felony or misdemeanor (e.g. drug or prop-
erty  offenses) an opportunity to rebuild their lives without the stigma
of a public criminal record. In order to get this  second  chance,  they
must demonstrate that they can remain crime free.

PRIOR LEGISLATIVE HISTORY:
2007-08: S.2811/A.4958, Passed Assembly in 2007
2005-06: S.2555/A.5335
2003-04: S.877/A.850
2001-02: S.2370/A.292
2000:S.7095/A.10053-A

FISCAL IMPLICATIONS: To be determined,

EFFECTIVE  DATE:  First of November next succeeding the date on which it
shall become a law.

2009-A9989 (ACTIVE) - Bill Text download pdf

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

                                  9989

                          I N  A S S E M B L Y

                            February 23, 2010
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to amend the criminal procedure law, in relation to the sealing
  of certain criminal records

  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 ORDER UPON TERMINATION OF CRIMINAL ACTION BY THE CONVICTION FOR
           APPLICABLE NON-VIOLENT CRIMINAL OFFENSES.
  1. AS USED IN THIS SECTION THE FOLLOWING WORDS SHALL HAVE THE  FOLLOW-
ING MEANINGS:
  (A)  AN  "ELIGIBLE PERSON" MEANS A PERSON WHO HAS BEEN CONVICTED OF AN
ELIGIBLE FELONY OR AN ELIGIBLE MISDEMEANOR, PROVIDED  HOWEVER,  THAT  NO
PERSON  SHALL BE AN ELIGIBLE PERSON WHERE SUCH PERSON HAS BEEN CONVICTED
OF MORE THAN TWO ELIGIBLE FELONIES OR MORE THAN TWO  ELIGIBLE  MISDEMEA-
NORS OR SUCH PERSON HAS BEEN CONVICTED OF A SPECIFIED OFFENSE.  A PERSON
IS  NOT  AN  ELIGIBLE PERSON FOR PURPOSES OF THIS SECTION IF SUCH PERSON
HAS BEEN CONVICTED  IN  ANY  OTHER  JURISDICTION  OF  AN  OFFENSE  WHICH
INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY SPECIFIED OFFENSE;
  (B) "PROGRAM" MEANS THE SECOND CHANCE PROGRAM;
  (C)  "COMMISSION"  MEANS THE SECOND CHANCE COMMISSION. SUCH COMMISSION
SHALL AWARD RELIEF PROVIDED IN THIS SECTION AND, SHALL CONSIST  OF  FIVE
MEMBERS  TO  BE  APPOINTED  FOR  TERMS OF THREE YEARS. THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY SHALL
EACH APPOINT ONE MEMBER OF THE COMMISSION.  TWO  APPOINTMENTS  SHALL  BE
MADE  BY  THE NEW YORK STATE DISTRICT ATTORNEYS ASSOCIATION, ONE OF WHOM
SHALL SERVE AS A GEOGRAPHIC REPRESENTATIVE OF NEW YORK CITY AND  ONE  OF
WHOM SHALL SERVE AS A GEOGRAPHIC REPRESENTATIVE OF OTHER COUNTIES;
  (D)  "ELIGIBLE  FELONIES"  MEANS  CRIMINAL  POSSESSION OF A CONTROLLED
SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.06 OF THE  PENAL
LAW,  CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FOURTH DEGREE
AS DEFINED IN SECTION 220.09 OF THE PENAL LAW, CRIMINAL POSSESSION OF  A
CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.16 OF

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

                                                           LBD04423-02-0

A. 9989                             2

THE  PENAL  LAW,  CRIMINAL  POSSESSION  OF A CONTROLLED SUBSTANCE IN THE
SECOND DEGREE AS DEFINED IN SECTION 220.18 OF THE  PENAL  LAW,  CRIMINAL
POSSESSION  OF  A CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN
SECTION  220.21  OF  THE PENAL LAW, CRIMINAL POSSESSION OF PRECURSORS OF
CONTROLLED SUBSTANCES AS DEFINED IN SECTION 220.60  OF  THE  PENAL  LAW,
CRIMINAL  SALE  OF A CONTROLLED SUBSTANCE IN THE FIFTH DEGREE AS DEFINED
IN SECTION 220.31 OF THE  PENAL  LAW,  CRIMINAL  SALE  OF  A  CONTROLLED
SUBSTANCE IN THE FOURTH DEGREE AS DEFINED IN SECTION 220.34 OF THE PENAL
LAW,  CRIMINAL  SALE  OF  A  CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS
DEFINED IN  SECTION  220.39  OF  THE  PENAL  LAW,  CRIMINAL  SALE  OF  A
CONTROLLED  SUBSTANCE  IN THE SECOND DEGREE AS DEFINED IN SECTION 220.41
OF THE PENAL LAW, CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE  FIRST
DEGREE  AS  DEFINED  IN  SECTION  220.43  OF  THE  PENAL  LAW,  CRIMINAL
POSSESSION OF MARIHUANA IN THE THIRD DEGREE AS DEFINED IN SECTION 221.20
OF THE PENAL LAW, CRIMINAL POSSESSION OF MARIHUANA IN THE SECOND  DEGREE
AS  DEFINED  IN  SECTION 221.25 OF THE PENAL LAW, CRIMINAL POSSESSION OF
MARIHUANA IN THE FIRST DEGREE AS DEFINED IN SECTION 221.30 OF THE  PENAL
LAW,  CRIMINAL  SALE  OF  MARIHUANA  IN  THE  THIRD DEGREE AS DEFINED IN
SECTION 221.45 OF THE PENAL LAW,  CRIMINAL  SALE  OF  MARIHUANA  IN  THE
SECOND  DEGREE  AS  DEFINED IN SECTION 221.50 OF THE PENAL LAW, CRIMINAL
SALE OF MARIHUANA IN THE FIRST DEGREE AS DEFINED IN  SECTION  221.55  OF
THE  PENAL  LAW,  CRIMINAL  INJECTION  OF  A NARCOTIC DRUG AS DEFINED IN
SECTION 220.46 OF THE PENAL LAW, CRIMINALLY USING DRUG PARAPHERNALIA  IN
THE  FIRST  DEGREE  AS  DEFINED  IN SECTION 220.55 OF THE PENAL LAW, AND
CRIMINAL SALE OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE AS DEFINED IN
SECTION 220.65 OF THE PENAL LAW, PROVIDED HOWEVER, THAT "ELIGIBLE  FELO-
NIES"  SHALL  NOT INCLUDE ANY OF THE ENUMERATED CRIMES IN THIS PARAGRAPH
WHERE THE CRIME INVOLVED THE SALE OF A CONTROLLED SUBSTANCE OR MARIHUANA
TO A PERSON UNDER THE AGE OF SIXTEEN.
  (E) "ELIGIBLE MISDEMEANORS" MEANS CRIMINAL POSSESSION OF A  CONTROLLED
SUBSTANCE  IN  THE  SEVENTH  DEGREE  AS DEFINED IN SECTION 220.03 OF THE
PENAL LAW, CRIMINAL POSSESSION OF  MARIHUANA  IN  THE  FIFTH  DEGREE  AS
DEFINED IN SECTION 221.10 OF THE PENAL LAW, CRIMINAL POSSESSION OF MARI-
HUANA  IN  THE  FOURTH  DEGREE AS DEFINED IN SECTION 221.15 OF THE PENAL
LAW, CRIMINAL SALE OF MARIHUANA  IN  THE  FIFTH  DEGREE  AS  DEFINED  IN
SECTION  221.35  OF  THE  PENAL  LAW,  CRIMINAL SALE OF MARIHUANA IN THE
FOURTH DEGREE AS DEFINED IN SECTION 221.40 OF THE PENAL LAW,  CRIMINALLY
USING  DRUG  PARAPHERNALIA  IN  THE  SECOND DEGREE AS DEFINED IN SECTION
220.50 OF THE PENAL LAW, AND CRIMINALLY POSSESSING A HYPODERMIC  INSTRU-
MENT  AS  DEFINED  IN SECTION 220.45 OF THE PENAL LAW, PROVIDED HOWEVER,
THAT "ELIGIBLE MISDEMEANOR" SHALL NOT  INCLUDE  ANY  OF  THE  ENUMERATED
CRIMES  IN  THIS  PARAGRAPH  WHERE  THE  CRIME  INVOLVED  THE  SALE OF A
CONTROLLED SUBSTANCE OR MARIHUANA TO A PERSON UNDER THE AGE OF  SIXTEEN;
AND
  (F)  "SPECIFIED  OFFENSE"  MEANS  AN  A-1 FELONY OFFENSE OTHER THAN AN
OFFENSE CONTAINED IN ARTICLE 220 OF THE  PENAL  LAW,  A  VIOLENT  FELONY
OFFENSE  AS  DEFINED  IN SECTION 70.02 OF THE PENAL LAW, MANSLAUGHTER IN
THE SECOND DEGREE, VEHICULAR MANSLAUGHTER IN THE SECOND  DEGREE,  CRIMI-
NALLY NEGLIGENT HOMICIDE, AN OFFENSE DEFINED IN ARTICLE 130 OF THE PENAL
LAW, INCEST, OR AN OFFENSE DEFINED IN ARTICLE 263 OF THE PENAL LAW.
  2.  AN  ELIGIBLE  PERSON  MAY  HAVE  ALL OFFICIAL RECORDS, PAPERS, DNA
SAMPLES AND JUDGMENTS AND ORDERS OF A COURT PERTAINING  TO  AN  ELIGIBLE
FELONY  OR  ELIGIBLE MISDEMEANOR, EXCLUDING PUBLISHED COURT DECISIONS OR
OPINIONS OR RECORDS AND BRIEFS ON APPEAL,  RELATING  TO  THE  ARREST  OR
PROSECUTION  OF  SUCH PERSON FOR SUCH ELIGIBLE FELONY OR ELIGIBLE MISDE-
MEANOR, INCLUDING ALL DUPLICATES AND COPIES THEREOF  ON  FILE  WITH  THE

A. 9989                             3

DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, SEALED FOR ALL PURPOSES OTHER
THAN THOSE RELATED TO LAW ENFORCEMENT AND CRIMINAL PROSECUTION WHEN:
  (A)  A  MINIMUM  TIME  PERIOD  OF  FIVE YEARS COMMENCING UPON THE MOST
RECENT DATE OF SENTENCE OR PAYMENT OF FINE FOR THOSE  PERSONS  WHO  HAVE
NOT BEEN SANCTIONED TO A PERIOD OF INCARCERATION AND FOR OTHER INSTANCES
COMMENCING UPON THE COMPLETION OF SUCH PERSON'S TERM OF IMPRISONMENT HAS
ELAPSED  WHEN  SUCH  PERSON  HAS  NOT BEEN SUBSEQUENTLY CONVICTED OF ANY
OTHER FELONY OR MISDEMEANOR OR TWO OR MORE NON-VEHICLE AND  TRAFFIC  LAW
VIOLATIONS; AND
  (B)  SUCH PERSON IS ELIGIBLE TO APPLY FOR A SEALING MOTION PURSUANT TO
SUBDIVISION THREE OF THIS SECTION.
  3. TO BE ELIGIBLE TO APPLY FOR A SEALING MOTION FOR AN ELIGIBLE FELONY
OR ELIGIBLE MISDEMEANOR, THE PERSON MUST PRESENT VALID DOCUMENTATION  TO
THE  COMMISSION EVIDENCING SATISFACTORY FULFILLMENT AND PARTICIPATION IN
THE PROGRAM, INCLUDING EVIDENCE THAT THE PERSON IS FREE  OF  ALCOHOL  OR
DRUG DEPENDENCE AT TIME OF APPLICATION FOR SEALING. PROGRAM REQUIREMENTS
INCLUDE   COMPLETION  OF  AN  INDIVIDUAL  REHABILITATION  PLAN  THAT  IS
PERFORMED AND MONITORED BY AN APPROVED JOB CORPS PROGRAM OR  AN  ACCRED-
ITED  LIST  OF  CONTRACTORS APPROVED BY THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND THAT INCLUDES:
  (A) SUCCESSFUL COMPLETION OF A PUBLIC SERVICE COMPONENT  OF  AT  LEAST
ONE YEAR;
  (B) SUCCESSFUL COMPLETION OF ALCOHOL OR SUBSTANCE ABUSE TREATMENT AT A
PROGRAM  LICENSED  BY  THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE ABUSE
SERVICES, PURSUANT TO ARTICLE NINETEEN OF THE  MENTAL  HYGIENE  LAW,  IF
MANDATORY  SCREENING OR ASSESSMENT INDICATES TREATMENT IS NECESSARY, AND
REGULAR MONITORING OF SUCH PERSONS FOR A PERIOD OF AT  LEAST  ONE  YEAR,
WHICH  CAN  INCLUDE  DRUG TESTING IN ORDER TO ENSURE CONTINUED SOBRIETY;
AND
  (C) ATTAINMENT OF A  GED  OR  HIGH  SCHOOL  DIPLOMA,  IF  NOT  ALREADY
OBTAINED.
  4.  A  PERSON  WHO HAS SATISFACTORILY MET ALL THE REQUIREMENTS OF THIS
SECTION MAY UPON MOTION APPLY TO THE COMMISSION FOR AN ORDER GRANTING TO
SUCH PERSON THE RELIEF SET FORTH IN SUBDIVISION TWO OF THIS SECTION. THE
APPLICANT SHALL GIVE NOT LESS THAN SIXTY DAYS  NOTICE  TO  THE  DISTRICT
ATTORNEY WITHIN EACH JURISDICTION THE APPLICANT HAS A CONVICTION AND THE
ATTORNEY GENERAL, IN SUCH CONVICTIONS AS THE ATTORNEY GENERAL HAS PROSE-
CUTED,  OF  THE  INTENTION  TO  REQUEST SUCH RELIEF. SUCH ORDER SHALL BE
GRANTED UNLESS THE DISTRICT ATTORNEY WITHIN TWENTY DAYS NOTICE  TO  SUCH
PERSON  OR  HIS  OR HER ATTORNEY DEMONSTRATES TO THE SATISFACTION OF THE
COMMISSION THAT THE INTERESTS  OF  JUSTICE  REQUIRE  OTHERWISE,  OR  THE
COMMISSION  ON  ITS  OWN MOTION WITH NOT LESS THAN TWENTY DAYS NOTICE TO
SUCH PERSON OR HIS OR HER ATTORNEY  DETERMINES  THAT  THE  INTERESTS  OF
JUSTICE  REQUIRE  OTHERWISE.  THE COMMISSION SHALL STATE THE REASONS FOR
SUCH DETERMINATION ON THE RECORD, THE RECORDS SHALL  BE  ORDERED  SEALED
AND  THE  CLERK  OF THE COURT WHEREIN SUCH CRIMINAL ACTION OR PROCEEDING
WAS TERMINATED SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION
OF CRIMINAL JUSTICE SERVICES THAT THE RECORD OF SUCH ACTION OR  PROCEED-
ING HAS BEEN SEALED.
  5. THE PETITIONER AND THE DISTRICT ATTORNEY CAN APPEAL THE DECISION OF
THE  COMMISSION  TO  GRANT  OR DENY THE SEALING MOTION. SUCH APPEAL MUST
TAKE PLACE WITHIN THIRTY DAYS OF THE COMMISSION'S DECISION AND  MUST  BE
MADE  AS  AN  ARTICLE SEVENTY-EIGHT PROCEEDING IN THE JURISDICTION WHERE
SUCH PERSON'S MOST RECENT CONVICTION WAS ADJUDICATED.
  6. UPON RECEIPT OF NOTIFICATION OF SUCH SEALING:

A. 9989                             4

  (A) ALL OFFICIAL RECORDS AND PAPERS, INCLUDING JUDGMENTS AND ORDERS OF
A COURT BUT NOT INCLUDING  PUBLISHED  COURT  DECISIONS  OR  OPINIONS  OR
RECORDS  AND  BRIEFS  ON  APPEAL, RELATING TO THE ARREST OR PROSECUTION,
INCLUDING ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH  THE  DIVISION
OF  CRIMINAL JUSTICE SERVICES, ANY COURT, POLICE AGENCY, OR PROSECUTOR'S
OFFICE SHALL BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR PUBLIC OR
PRIVATE AGENCY; AND
  (B) SUCH RECORDS SHALL BE MADE AVAILABLE TO THE PERSON ACCUSED  OR  TO
SUCH  PERSON'S  DESIGNATED  AGENT,  AND SHALL BE MADE AVAILABLE TO (I) A
PROSECUTOR, A LAW ENFORCEMENT AGENCY, OR A COURT WHICH HAS  RESPONSIBIL-
ITY FOR CRIMINALLY INVESTIGATING, PROSECUTING, OR ADJUDICATING THE INDI-
VIDUAL; (II) ANY STATE OR LOCAL OFFICE OR AGENCY WITH RESPONSIBILITY FOR
THE  ISSUANCE  OF  LICENSES  TO  POSSESS GUNS, WHEN THE ACCUSED HAS MADE
APPLICATION FOR SUCH A LICENSE; OR (III) ANY PROSPECTIVE CITY, STATE, OR
FEDERAL EMPLOYER OR AGENCY, INVOLVED IN INVESTIGATING AND/OR PROSECUTING
UNDER CRIMINAL OR CIVIL STATUTES INCLUDING EMPLOYERS OF POLICE  OFFICERS
OR   PEACE   OFFICERS   AS  DEFINED  IN  SUBDIVISIONS  THIRTY-THREE  AND
THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN  APPLICA-
TION  FOR EMPLOYMENT AS AN EMPLOYEE OF A CITY, STATE OR FEDERAL EMPLOYER
OR AGENCY INVOLVED IN INVESTIGATING AND/OR PROSECUTING UNDER CRIMINAL OR
CIVIL STATUTES INCLUDING AS A POLICE OFFICER OR PEACE OFFICER;  PROVIDED
HOWEVER,  THAT  EVERY  PERSON  WHO  IS  AN APPLICANT FOR THE POSITION OF
POLICE OFFICER, PEACE OFFICER, OR ANY OTHER PROSPECTIVE CITY,  STATE  OR
FEDERAL EMPLOYER OR AGENCY, INVOLVED IN INVESTIGATING AND/OR PROSECUTING
UNDER  CRIMINAL  OR CIVIL STATUTES SHALL BE FURNISHED WITH A COPY OF ALL
RECORDS OBTAINED UNDER THIS PARAGRAPH AND  AFFORDED  AN  OPPORTUNITY  TO
MAKE AN EXPLANATION THERETO.
  7.  EXCEPT  AS  PROVIDED  IN  PARAGRAPH (B) OF SUBDIVISION SIX OF THIS
SECTION, THE SEALED CONVICTION OR CONVICTIONS SHALL  NOT  OPERATE  AS  A
DISQUALIFICATION  OF ANY PERSON TO PURSUE OR ENGAGE IN ANY LAWFUL ACTIV-
ITY, OCCUPATION,  PROFESSION,  OR  CALLING.  EXCEPT  WHERE  SPECIFICALLY
REQUIRED  OR  PERMITTED  BY  STATUTE OR UPON SPECIFIC AUTHORIZATION OF A
SUPERIOR COURT, NO SUCH PERSON SHALL BE REQUIRED TO DIVULGE  INFORMATION
PERTAINING  TO  THE  SEALED  RECORD.  SUCH  PERSON SHALL BE PERMITTED TO
RESPOND IN THE NEGATIVE TO THE QUESTION, "HAVE YOU EVER  BEEN  CONVICTED
OF  A  MISDEMEANOR  OR  A  FELONY?",  OR  TO  ANY QUESTION WITH THE SAME
SUBSTANTIVE CONTENTS.
  8. THE KNOWING AND INTENTIONAL DISSEMINATION OF SEALED INFORMATION  OR
THE IMPROPER ACQUISITION OF INFORMATION THAT HAS BEEN SEALED WILL RESULT
IN  A  PENALTY  OF  A  FINE  UP  TO  ONE  THOUSAND DOLLARS FOR EACH SUCH
VIOLATION.
  9. A PERSON PARTICIPATING IN THIS PROGRAM WILL BE REQUIRED  TO  PAY  A
PORTION  OF THE COSTS OF PARTICIPATING IN THE PROGRAM AND FILING FEES TO
THE COMMISSION, CONTINGENT UPON SUCH PERSON'S INCOME AND ABILITY TO PAY.
  10. THE SEALING ORDER WILL BE AUTOMATICALLY REPEALED AND THE  DIVISION
OF  CRIMINAL JUSTICE SERVICES WILL UNSEAL ANY SUCH RECORDS THAT HAD BEEN
PREVIOUSLY SEALED BY VIRTUE OF PARTICIPATION  IN  THIS  PROGRAM  ON  THE
SUBSEQUENT  CONVICTION  OF  SUCH  PERSON  FOR  ANY MISDEMEANOR OR FELONY
OFFENSE. IN THE EVENT THAT SUCH A PERSON IS SUBSEQUENTLY  CONVICTED  AND
SENTENCED TO A TERM OF PROBATION, THE PROBATION OFFICER ASSIGNED TO SUCH
PERSON SHALL BE RESPONSIBLE FOR NOTIFYING SUCH PERSON'S CURRENT EMPLOYER
THAT SUCH PERSON'S CRIMINAL RECORD HAS BEEN UNSEALED.
  11.  AN  ELIGIBLE  PERSON  MAY APPLY FOR RELIEF UNDER THIS SECTION FOR
CRIMINAL OFFENSES WHICH OCCURRED ANY TIME PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION.

A. 9989                             5

  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law; provided however  that
any eligible person may apply for relief pursuant to this act for crimi-
nal offenses occurring prior to the effective date of this act.

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