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Assembly Bill A10571

2011-2012 Legislative Session

Authorizes the sealing of certain records of conviction or adjudication

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Archive: Last Bill Status - In Assembly Committee

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2011-A10571 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.65, CP L; amd §296, Exec L

2011-A10571 (ACTIVE) - Summary

Authorizes the sealing of certain records of penal law convictions or youthful offender adjudications.

2011-A10571 (ACTIVE) - Bill Text download pdf

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

                                  10571

                          I N  A S S E M B L Y

                              June 6, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lentol) --
  read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law and  the  executive  law,  in
  relation  to  authorizing the sealing of certain records of conviction
  or adjudication

  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 OR ADJUDICATION.
  1. ELIGIBLE APPLICANTS. (A) A PERSON IS ELIGIBLE TO APPLY  TO  SEAL  A
RECORD  OF  CONVICTION, OR IN THE CASE OF YOUTHFUL OFFENDERS, AN ADJUDI-
CATION, SUBJECT TO THE PROVISIONS OF THIS SECTION.
  (B) THE RECORD SOUGHT TO BE SEALED SHALL BE THE PERSON'S  ONLY  FELONY
CRIMINAL CONVICTION OR ADJUDICATION.
  (C)  IN  THE  CASE  OF  MISDEMEANORS,  NO  MORE THAN THREE MISDEMEANOR
CONVICTIONS OR ADJUDICATIONS ARE SUBJECT TO  SEALING  PURSUANT  TO  THIS
SECTION.
  (D)  FURTHER,  A  PERSON  SHALL BE DULY TERMINATED AND DISCHARGED FROM
EVERY  ASPECT  OF  THE  SENTENCE,  INCLUDING  INCARCERATION,  PROBATION,
PAROLE,   CONDITIONAL  RELEASE,  POST-RELEASE  SUPERVISION,  CONDITIONAL
DISCHARGE, AND/OR ANY ORDER OF PROTECTION ON THIS OR  ANY  OTHER  MATTER
AGAINST THE PERSON MUST HAVE EXPIRED. THERE CAN BE NO UNDISPOSED ARRESTS
AT THE TIME OF APPLICATION.
  2.  GRADE OF CRIME. A PERSON SHALL HAVE BEEN CONVICTED OF A NON-CRIMI-
NAL PETTY OFFENSE SET FORTH IN THE PENAL LAW, OR ADJUDICATED A  YOUTHFUL
OFFENDER UNDER SECTION 720.35 OF THIS CHAPTER.
  3. TYPE OF CRIME. FOR THE PURPOSES OF THIS SECTION, NO RECORDS INVOLV-
ING  SEX  CRIMES,  CRIMES WITH VICTIMS WHO WERE CHILDREN, CRIMES AGAINST
THE ELDERLY, OR CRIMES INVOLVING  PUBLIC  CORRUPTION  ARE  ELIGIBLE  FOR
SEALING.    AMONG  FELONIES, ONLY CLASS D AND E NON-VIOLENT FELONIES ARE
ELIGIBLE.
  4. WAITING PERIOD. A PERSON  CANNOT  APPLY  UNTIL  A  WAITING  PERIOD,
BEGINNING  ON  THE  DATE  THAT THE MOST RECENT SENTENCE OR RESENTENCE IS

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

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