senate Bill S5843

2011-2012 Legislative Session

Provides for the application for sealing a record of conviction

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 04, 2012 referred to codes
Jun 22, 2011 referred to rules

S5843 - Details

See Assembly Version of this Bill:
A6664
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.65, CP L; amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: S3384
2015-2016: S2344
2017-2018: S4027

S5843 - 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.

S5843 - Sponsor Memo

S5843 - Bill Text download pdf

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

                                  5843

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 22, 2011
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

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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