|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Mar 24, 2011||referred to codes|
assembly Bill A6664
Archive: Last Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
A6664 - Details
- See Senate Version of this Bill:
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §160.65, CP L; amd §296, Exec L
A6664 - Summary
Provides for the application for sealing a record of conviction; establishes waiting periods for various convictions where such application may be made; authorizes certain agencies to maintain records; may be unsealed at the time of an arrest… (view more) prohibits the publication of sealed records; prohibits the waiver of this section at plea.
A6664 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6664 2011-2012 Regular Sessions I N A S S E M B L Y March 24, 2011 ___________ Introduced by M. of A. O'DONNELL -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the executive law, in relation to applications for sealing a record of conviction 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 SEALING RECORD OF CONVICTION; APPLICATION FOR. 1. A PERSON IS ELIGIBLE TO APPLY TO SEAL A RECORD OF CONVICTION, SUBJECT TO THE PROVISIONS CONTAINED IN THIS SECTION, BY APPLICATION ON A FORM SPECIFICALLY DESIGNATED, SWORN TO UNDER PENALTY OF PERJURY AND ACCOMPANIED BY A FEE OF NINETY-FIVE DOLLARS. 2. AN APPLICANT MUST BE DULY TERMINATED AND DISCHARGED FROM EVERY ASPECT OF THE SENTENCE, INCLUDING INCARCERATION, PROBATION, PAROLE, CONDITIONAL RELEASE, POST-RELEASE SUPERVISION, CONDITIONAL DISCHARGE, SEX OFFENDER REGISTRATION AND/OR ANY ORDER OF PROTECTION ON THIS OR ANY OTHER MATTER AGAINST THE APPLICANT MUST HAVE EXPIRED. THE FOLLOWING WAITING PERIODS APPLY TO APPLICATIONS UNDER THIS SECTION, HOWEVER, FOR GOOD CAUSE SHOWN, THE COURT MAY SHORTEN A WAITING PERIOD. ATTENDANCE AT A DIVERSION PROGRAM WHICH DELAYED THE IMPOSITION OF THE SENTENCE MAY CONSTITUTE GOOD CAUSE, IN THE COURT'S DISCRETION. (A) FOR A PERSON WHO HAS BEEN CONVICTED OF ONE NON-CRIMINAL OFFENSE, THE WAITING PERIOD SHALL BE SIX MONTHS FROM THE DATE OF CONVICTION OF SUCH OFFENSE. (B) FOR A PERSON WHO HAS BEEN CONVICTED OF MORE THAN ONE NON-CRIMINAL OFFENSE ARISING FROM SEPARATE INCIDENCES, THE WAITING PERIOD SHALL BE ONE YEAR FROM THE DATE OF CONVICTION OF THE LAST SUCH OFFENSE. (C) FOR A PERSON WHO HAS BEEN CONVICTED OF A MISDEMEANOR, THE WAITING PERIOD SHALL BE ONE YEAR FROM THE DATE OF CONVICTION OF SUCH MISDEMEA- NOR. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10285-01-1
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