NY State Senate Bill 2011-S2892

Senate Bill S2892

2011-2012 Legislative Session

Permits the sealing of records of certain nonviolent misdemeanor or nonsexual misdemeanor criminal offenses

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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
Jan 04, 2012	referred to codes
Feb 03, 2011	referred to codes

2011-S2892 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §160.65, CP L; amd §296, Exec L
Versions Introduced in 2013-2014 Legislative Session:: S1609

2011-S2892 (ACTIVE) - Summary

Permits the sealing of records of certain nonviolent criminal offenses; defines the term "eligible misdemeanor" to mean a misdemeanor that does not have as an element of the offense the use of a weapon or violence and which did not actually involve violence in its commission; defines the term, "nonsexual misdemeanor" to mean a misdemeanor under article 130 or 163 of the penal law or any offense that would require the offender to register as a sex offender under article 6-c of the correction law; provides an order granting sealing under this section shall restore the individual concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the crime that was the subject of the sealing

2011-S2892 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2892

TITLE OF BILL:
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 for persons whose convictions took place
between the ages of 17 and 21

PURPOSE:
To allow the sealing of certain misdemeanor offenses for which persons
between the age of 17 and 21 were convicted.

SUMMARY OF PROVISIONS:
Section 1 of the bill titles the new provision, the Second Chance for
Ex-Youthful Offenders Act.

Section 2 of the bill: excludes certain misdemeanor offenses as
eligible misdemeanors for the purposes of conditional sealing; lists
certain sealing eligibility requirements; describes the court's
sealing process; and lists the agencies and individuals which will
have access to the sealed misdemeanor records.

Section 3 of the bill amends the executive law to include as an

unlawful discriminatory practice, making an inquiry about any arrest
or criminal accusation which is sealed under the Second Chance for
Ex-Offenders Act.

JUSTIFICATION:
A misdemeanor offense can follow a person for the rest of his or her
life. Even if he or she has fully reformed and committed no further
criminal acts, the record still exists and often forms the basis for
discrimination in employment or other areas. For offenders who were
convicted as minors however, their records are sealed. No such
mechanism exists

This bill would allow a former youthful offender who has been
convicted of certain misdemeanor offenses to apply to the Court to
have their record sealed. The bill also authorizes unsealing the
sealed record if the individual is later convicted of a subsequent
offense.

EXISTING LAW:
While there is currently a process in place to seal controlled
substance felonies and misdemeanors, there exists no process for the
sealing of non-violent or non-sexual misdemeanors for youthful
offenders.

LEGISLATIVE HISTORY:
None. This is a new bill, however S.1708-b of 2009-2010 allows the
sealing under certain circumstances of adult offenders' records.

FISCAL IMPLICATIONS:
The state can anticipate additional revenue if this bill becomes law.


EFFECTIVE DATE:
This act shall take effect one hundred eightieth day after it shall
have become a law and shall apply to all convictions occurring prior
to, on, and after the effective date.

2011-S2892 (ACTIVE) - Bill Text download pdf

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

                                  2892

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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  for  persons  whose
  convictions took place between the ages of 17 and 21

  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08309-01-1

S. 2892                             2

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
AND SUCH CONVICTION OR CONVICTIONS OCCURRED WHEN THE PERSON WAS AT LEAST
SEVENTEEN YEARS OLD BUT NOT MORE THAN TWENTY-ONE YEARS OLD, WHO DOES NOT
STAND CONVICTED OF ANY FELONY, OR WHO IS NOT REQUIRED TO MAINTAIN REGIS-
TRATION  UNDER  ARTICLE  SIX-C  OF  THE CORRECTION LAW, MAY PETITION THE
COURT TO CONDITIONALLY SEAL UP TO THREE ELIGIBLE MISDEMEANORS WHEN:
  (A) AT LEAST TEN YEARS HAVE PAST SINCE THE COMPLETION OF A SENTENCE ON
AN ELIGIBLE MISDEMEANOR; AND
  (B) SUCH PERSON HAS NOT BEEN CONVICTED OF ANY OFFENSE DURING THE  LAST
TEN 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.

S. 2892                             3

  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 ONE HUNDRED 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 DIVISION FOR YOUTH FACILITIES  IMPROVE-
MENT  FUND  ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-GG OF THE STATE
FINANCE LAW. 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 NINETY-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

S. 2892                             4

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
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-

S. 2892                             5

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.

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