senate Bill S4471

2011-2012 Legislative Session

Relates to unsealing criminal records

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Sponsored By

Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Apr 06, 2011 referred to codes

S4471 - Details

See Assembly Version of this Bill:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง160.50 & 160.55, CP L

S4471 - Summary

Relates to unsealing criminal records in criminal actions terminated in favor of the accused or by conviction for a noncriminal offense; allows disclosure of such records to a party in a criminal proceeding if, on notice to the adverse party and the subject of the records, the moving party demonstrates that justice so requires.

S4471 - Sponsor Memo

S4471 - Bill Text download pdf

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


                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011

Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
  istration)  --  read twice and ordered printed, and when printed to be
  committed to the Committee on Codes

AN ACT to amend the criminal procedure law,  in  relation  to  unsealing
  criminal records


  Section 1. Paragraph (d) of subdivision 1 of  section  160.50  of  the
criminal  procedure  law, as amended by chapter 169 of the laws of 1994,
is amended to read as follows:
  (d) 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 in any proceeding in which the accused has moved for an order
pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
enforcement  agency  upon ex parte motion in any superior court, if such
agency demonstrates to  the  satisfaction  of  the  court  that  justice
requires  that  such records be made available to it, or (iii) any state
or local officer or agency  with  responsibility  for  the  issuance  of
licenses to possess guns, when the accused has made application for such
a  license,  or  (iv)  the  New  York  state division of parole when the
accused is on parole supervision as a result of conditional release or a
parole release granted by the New York state board of  parole,  and  the
arrest  which  is the subject of the inquiry is one which occurred while
the accused was under such supervision or (v) 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  chap-
ter, in relation to an application for employment 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  thereto,  or  (vi) the probation

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


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