LBD14355-03-4
A. 9607 2
states the reasons for such determination on the record, the clerk of
the court wherein such criminal action or proceeding was terminated
shall immediately notify the commissioner of the division of criminal
justice services and the heads of all appropriate police departments and
other law enforcement agencies that the action has been terminated by
such conviction. Upon receipt of notification of such termination:
S 3. The criminal procedure law is amended by adding a new section
160.65 to read as follows:
S 160.65 SEALING THE RECORD OF A CONVICTION.
1. PETITION FOR SEALING; WHEN PETITION MAY BE MADE. SUBJECT TO THE
PROVISIONS OF THIS SECTION, A PERSON MAY PETITION A SUPERIOR COURT TO
SEAL THE RECORD OF HIS OR HER CONVICTION FOR A PAST CRIMINAL OFFENSE OR
OFFENSES PROVIDED HE OR SHE HAS BROUGHT NO SUCH PETITION IN THE PRECED-
ING TWO YEARS AND:
(A) SUCH PERSON HAS BEEN CONVICTED OF NOT MORE THAN ONE CRIME, AT
LEAST TEN YEARS HAVE ELAPSED SINCE SUCH PERSON WAS CONVICTED OF THAT
CRIME AND THAT CRIME WAS A FELONY OFFENSE OTHER THAN (I) A VIOLENT FELO-
NY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL
LAW, (II) ANY OFFENSE FOR WHICH A TERM OF LIFE IMPRISONMENT IS AUTHOR-
IZED, (III) AN OFFENSE SPECIFIED IN ARTICLE ONE HUNDRED THIRTY OR TWO
HUNDRED SIXTY-THREE OF THE PENAL LAW, (IV) AN OFFENSE SPECIFIED IN ARTI-
CLE ONE HUNDRED NINETY-FIVE OR TWO HUNDRED OF THE PENAL LAW WHERE THE
PETITIONER WAS A PUBLIC SERVANT AT THE TIME OF THE OFFENSE, (V) AN
OFFENSE SPECIFIED IN SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE
AND TRAFFIC LAW, OR (VI) ANY CRIME SPECIFIED IN THE PENAL LAW FOR WHICH
A VIOLATION OF ANY PROVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE
VEHICLE AND TRAFFIC LAW IS AN ESSENTIAL ELEMENT; OR
(B) SUCH PERSON HAS NOT BEEN CONVICTED OF A FELONY, AT LEAST SEVEN
YEARS HAVE ELAPSED SINCE SUCH PERSON WAS LAST CONVICTED OF A MISDEMEANOR
AND HE OR SHE HAS BEEN CONVICTED OF NOT MORE THAN TWO MISDEMEANORS
NEITHER OF WHICH WAS (I) AN OFFENSE SPECIFIED IN ARTICLE ONE HUNDRED
THIRTY OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, (II) AN OFFENSE
SPECIFIED IN ARTICLE ONE HUNDRED NINETY-FIVE OR TWO HUNDRED OF THE PENAL
LAW WHERE THE PETITIONER WAS A PUBLIC SERVANT AT THE TIME OF THE
OFFENSE, OR (III) AN OFFENSE SPECIFIED IN SECTION ELEVEN HUNDRED NINE-
TY-TWO OF THE VEHICLE AND TRAFFIC LAW. NOTWITHSTANDING THE FOREGOING,
IN NO EVENT MAY A PERSON BRING A PETITION UNDER THIS SECTION UNLESS HE
OR SHE HAS COMPLETED ANY AND ALL SENTENCES HE OR SHE RECEIVED ON ACCOUNT
OF SUCH CONVICTION OR CONVICTIONS. WHERE A PERSON HAS BEEN CONVICTED OF
A CRIMINAL OFFENSE UNDER FEDERAL LAW OR THE LAW OF ANOTHER STATE, AND
SUCH CONVICTION WOULD CONSTITUTE A FELONY UNDER THE PENAL LAW OF THIS
STATE, SUCH PERSON MAY NOT BRING A PETITION UNDER THIS SECTION; AND
WHERE SUCH CONVICTION WOULD CONSTITUTE A MISDEMEANOR, IT SHALL BE COUNT-
ED FOR PURPOSES OF THIS PARAGRAPH AS IF IT WERE A MISDEMEANOR UNDER THE
PENAL LAW OF THIS STATE.
FOR PURPOSES OF THIS SECTION, A PERSON SHALL HAVE COMPLETED A SENTENCE
WHEN HE OR SHE HAS SERVED IN FULL ANY TERM OF IMPRISONMENT AND FINISHED
ANY TERM OR PERIOD OF PAROLE, PROBATION, CONDITIONAL RELEASE AND
POST-RELEASE SUPERVISION; MADE ALL REQUIRED RESTITUTION; COMPLETED ALL
REQUIRED COMMUNITY SERVICE; PAID ALL FINES AND SURCHARGES ASSESSED,
INCLUDING THOSE THAT WERE DEFERRED AND MADE SUBJECT TO COLLECTION IN THE
SAME MANNER AS A CIVIL JUDGMENT PURSUANT TO SUBDIVISION FIVE OF SECTION
420.40 OF THIS CHAPTER; AND OTHERWISE SATISFIED ALL CONDITIONS IMPOSED
BY THE SENTENCING COURT. FURTHER, THE PERIODS OF TIME SPECIFIED IN PARA-
GRAPHS (A) AND (B) OF THIS SUBDIVISION SHALL BE TOLLED BY ANY PERIOD
FROM THE DATE OF SENTENCE TO THE DATE WHEN THE PETITIONER WAS LAST
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RELEASED FROM ANY PERIOD OF INCARCERATION ON ACCOUNT OF THE CONVICTION
OR CONVICTIONS FOR WHICH SEALING IS SOUGHT.
NO PERSON MAY BRING A PETITION UNDER THIS SECTION WHILE ANY CHARGED
CRIMINAL OFFENSE IS PENDING AGAINST HIM OR HER AND NO PERSON MAY HAVE
MORE THAN ONE SUCH PETITION GRANTED DURING HIS OR HER LIFETIME. THE
RIGHT TO BRING A PETITION HEREUNDER MAY NOT BE WAIVED.
2. COURT TO WHICH PETITION UNDER THIS SECTION MUST BE BROUGHT; FILING
FEE; RESPONSIBILITIES OF THE COURT. (A) A PETITION TO SEAL THE RECORD OF
A CONVICTION FOR A CRIMINAL OFFENSE SPECIFIED IN PARAGRAPH (A) OF SUBDI-
VISION ONE OF THIS SECTION MUST BE BROUGHT IN THE SUPERIOR COURT IN
WHICH THE CONVICTION WAS ENTERED. A PETITION TO SEAL THE RECORD OF A
CONVICTION FOR A CRIMINAL OFFENSE SPECIFIED IN PARAGRAPH (B) OF SUBDIVI-
SION ONE OF THIS SECTION MUST BE BROUGHT IN A SUPERIOR COURT OF THE
COUNTY IN WHICH THE COURT IN WHICH THE CONVICTION WAS ENTERED IS LOCATED
OR, IF THE PETITION IS TO SEAL THE RECORDS OF MORE THAN ONE SUCH
CONVICTION, THE PETITION MAY BE BROUGHT IN THE SUPERIOR COURT OF ANY
COUNTY IN WHICH A COURT IN WHICH ONE OR MORE OF SUCH CONVICTIONS WAS
ENTERED IS LOCATED. NO COURT MAY ACCEPT A PETITION UNDER THIS SECTION
UNLESS IT IS ACCOMPANIED BY A FILING FEE OF NINETY-FIVE DOLLARS PAYABLE
TO THE CLERK OF THE COURT; PROVIDED, HOWEVER, SUCH FEE MAY BE WAIVED
WHERE, DUE TO THE PETITIONER'S INDIGENCE, PAYMENT OF THE FILING FEE
WOULD WORK AN UNREASONABLE HARDSHIP ON THE PERSON OR HIS OR HER IMMEDI-
ATE FAMILY.
(B) THE SUPERIOR COURT THAT RECEIVES A PETITION UNDER PARAGRAPH (A) OF
THIS SUBDIVISION SHALL REQUEST FROM THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION AN UPDATED CRIMINAL
HISTORY RECORD OF THE PETITIONER, INCLUDING ANY SEALED OR SUPPRESSED
INFORMATION. UPON RECEIPT OF THE REQUEST, THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL PROVIDE A CRIMINAL HISTORY REPORT AND SHALL ALSO
PROVIDE A REPORT FROM THE FEDERAL BUREAU OF INVESTIGATION REGARDING ANY
CRIMINAL HISTORY INFORMATION THAT OCCURRED IN OTHER JURISDICTIONS. THE
DIVISION IS HEREBY AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE
FEDERAL BUREAU OF INVESTIGATION FOR THIS PURPOSE.
(C) (1) PROVIDED THE PETITION COMPLIES WITH THE PROVISIONS OF SUBDIVI-
SION ONE OF THIS SECTION AND THE PETITIONER HAS BEEN CONVICTED OF A
FELONY OFFENSE, THE COURT, IN ITS DISCRETION AND IN THE INTERESTS OF
JUSTICE, MAY GRANT THE PETITION AND ORDER THE SEALING OF THE RECORDS OF
THE PETITIONER'S CONVICTION OR MAY DISMISS THE PETITION. IF, HOWEVER,
THE PETITIONER HAS NOT BEEN CONVICTED OF ANY FELONY OFFENSE, THE COURT
MUST GRANT THE PETITION AND ORDER THE SEALING OF THE RECORDS OF ALL OF
THE PETITIONER'S CONVICTIONS FOR OFFENSES WITHIN THE MEANING OF SUBDIVI-
SION ONE OF SECTION 10.00 OF THE PENAL LAW. WHERE THE COURT GRANTS A
PETITION UNDER THIS SECTION, THE COURT MUST ALSO ORDER THE SEALING OF
THE RECORDS OF ANY NON-CRIMINAL OFFENSE SCHEDULED IN THE PETITION THAT
IS MORE THAN SEVEN YEARS OLD.
(2) WHERE THE COURT HAS DISCRETION TO GRANT OR DISMISS A PETITION
PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH, IT MUST, BEFORE MAKING
ITS DETERMINATION, NOTIFY THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH
THE PETITIONER WAS CONVICTED OF A FELONY AND ADVISE THAT THE COURT IS
CONSIDERING SEALING THE RECORDS OF THAT CONVICTION. THE DISTRICT ATTOR-
NEY MUST BE GIVEN A REASONABLE OPPORTUNITY, WHICH SHALL NOT BE LESS THAN
THIRTY DAYS NOR MORE THAN SIXTY DAYS, IN WHICH TO COMMENT AND SUBMIT
MATERIALS TO AID THE COURT IN DETERMINING THE PETITION. THE DISTRICT
ATTORNEY MUST PROVIDE NOTICE TO THE VICTIM, IF ANY, OF THE PETITION FOR
SEALING BY MAILING WRITTEN NOTICE TO THE VICTIM'S LAST-KNOWN ADDRESS.
FOR PURPOSES OF THIS PARAGRAPH, "VICTIM" MEANS ANY PERSON WHO HAS
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SUSTAINED PHYSICAL OR FINANCIAL INJURY TO PERSON OR PROPERTY AS A DIRECT
RESULT OF A FELONY THE RECORD OF WHICH THE PETITIONER IS ASKING THE
COURT TO SEAL.
(3) AT THE REQUEST OF THE PETITIONER OR THE DISTRICT ATTORNEY OF A
COUNTY WHO RECEIVES NOTIFICATION PURSUANT TO SUBPARAGRAPH TWO OF THIS
PARAGRAPH, OR IN ITS OWN DISCRETION, THE COURT MAY CONDUCT A HEARING TO
CONSIDER AND REVIEW ANY RELEVANT EVIDENCE, INCLUDING TESTIMONY OF
WITNESSES, OFFERED BY EITHER PARTY THAT WOULD AID THE COURT IN DETERMIN-
ING WHETHER TO ORDER THE SEALING OF THE RECORDS OF THE PETITIONER'S
CONVICTIONS.
(4) WHERE THE COURT HAS DISCRETION TO GRANT OR DISMISS A PETITION
PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH, IT MUST CONSIDER ANY
RELEVANT FACTORS, INCLUDING BUT NOT LIMITED TO: (I) THE CIRCUMSTANCES
AND SERIOUSNESS OF THE OFFENSE THAT RESULTED IN THE CONVICTION; (II) THE
CHARACTER OF THE PETITIONER, INCLUDING WHAT STEPS HE OR SHE HAS TAKEN
SINCE THE TIME OF HIS OR HER OFFENSE TOWARD PERSONAL REHABILITATION,
INCLUDING TREATMENT, WORK, SCHOOL, OR OTHER PERSONAL HISTORY THAT DEMON-
STRATES REHABILITATION; (III) THE PETITIONER'S CRIMINAL HISTORY; (IV)
THE IMPACT OF SEALING THE PETITIONER'S RECORDS UPON HIS OR HER REHABILI-
TATION AND HIS OR HER SUCCESSFUL AND PRODUCTIVE REENTRY AND REINTE-
GRATION INTO SOCIETY, AND UPON PUBLIC SAFETY; AND (V) ANY STATEMENTS
MADE BY ANY VICTIM OF AN OFFENSE COMMITTED BY THE PETITIONER WHERE THERE
WAS IN FACT A VICTIM OF SUCH OFFENSE.
(5) WHEN A COURT ORDERS THE SEALING OF THE RECORD OF A PETITIONER'S
CONVICTION OR CONVICTIONS, THE CLERK OF SUCH COURT SHALL IMMEDIATELY
NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES,
THE HEADS OF ALL APPROPRIATE POLICE DEPARTMENTS AND ALL OTHER LAW
ENFORCEMENT AGENCIES, AND ANY COURT THAT SENTENCED THE PETITIONER
FOLLOWING CONVICTION OF AN OFFENSE THE RECORD OF WHICH MUST BE SEALED,
OF SUCH ORDER. THEREUPON, ALL OFFICIAL RECORDS AND PAPERS RELATING TO
THE PETITIONER'S ARRESTS, PROSECUTIONS AND CONVICTIONS, INCLUDING ALL
DUPLICATES AND COPIES THEREOF, ON FILE WITH THE DIVISION 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 FINGER-
PRINTS, PALMPRINTS, PHOTOGRAPHS OR DIGITAL IMAGES OF THE SAME.
(6) NOTWITHSTANDING SUBPARAGRAPH FIVE OF THIS PARAGRAPH, RECORDS
SEALED PURSUANT TO SUCH SUBPARAGRAPH SHALL BE MADE AVAILABLE TO: (I) THE
PETITIONER OR HIS OR HER DESIGNATED AGENT; (II) QUALIFIED AGENCIES, AS
DEFINED IN SUBDIVISION NINE OF SECTION EIGHT HUNDRED THIRTY-FIVE OF THE
EXECUTIVE LAW, AND FEDERAL AND STATE LAW ENFORCEMENT AGENCIES, WHEN
ACTING WITHIN THE SCOPE OF THEIR LAW ENFORCEMENT DUTIES; (III) ANY STATE
OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE ISSUANCE OF
LICENSES TO POSSESS GUNS, WHEN THE PETITIONER HAS MADE AN APPLICATION
FOR SUCH A LICENSE; (IV) 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 EMPLOYMENT AS A POLICE OFFICER OR PEACE OFFICER,
PROVIDED, HOWEVER, THAT EVERY PERSON WHO IS AN APPLICANT FOR THE POSI-
TION OF POLICE OFFICER OR PEACE OFFICER SHALL BE FURNISHED WITH A COPY
OF ALL RECORDS OBTAINED UNDER THIS SUBPARAGRAPH AND AFFORDED AN OPPORTU-
NITY TO MAKE AN EXPLANATION THEREOF; (V) THE JUSTICE CENTER FOR THE
PROTECTION OF PEOPLE WITH SPECIAL NEEDS, IN RELATION TO PERFORMING ITS
DUTIES UNDER ARTICLE TWENTY OF THE EXECUTIVE LAW; AND (VI) SUCH OTHER
AND FURTHER OFFICERS, INDIVIDUALS, INSTITUTIONS AND AGENCIES, PUBLIC OR
PRIVATE, THAT EMPLOY PERSONS WHO THEREBY HAVE REGULAR CONTACT WITH CHIL-
DREN OR OTHER VULNERABLE PERSONS AS THE CHIEF ADMINISTRATOR OF THE
A. 9607 5
COURTS MAY DESIGNATE, INCLUDING ALL OFFICERS, INDIVIDUALS, INSTITUTIONS
AND AGENCIES SUBJECT TO OPERATION, LICENSURE OR CERTIFICATION BY A STATE
OVERSIGHT AGENCY AS DEFINED IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED
FIFTY OF THE EXECUTION LAW OR OTHERWISE SUBJECT TO OVERSIGHT OR REGU-
LATION BY THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL
NEEDS.
3. DETERMINATION TO BE IN WRITING. ANY DETERMINATION GRANTING OR
DISMISSING A PETITION PURSUANT TO SUBDIVISION ONE OF THIS SECTION MUST
BE IN WRITING AND, WHERE THE COURT HAS DISCRETION TO MAKE SUCH DETERMI-
NATION, SHALL STATE THE REASONS FOR THAT DETERMINATION.
4. NO RELIEF OF DISABILITIES. A DETERMINATION GRANTING A PETITION
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT RELIEVE THE PETI-
TIONER OF ANY FORFEITURE OR DISABILITY, OR REMOVE ANY BAR TO HIS OR HER
EMPLOYMENT, AUTOMATICALLY IMPOSED BY LAW BY REASON OF HIS OR HER
CONVICTION OF THE OFFENSE THE RECORDS OF WHICH ARE THEREBY SEALED
PROVIDED, HOWEVER, A PETITION PURSUANT TO THIS SECTION FOR SEALING THE
RECORD OF A CONVICTION MAY BE ACCOMPANIED BY AN APPLICATION FOR A
CERTIFICATE OF RELIEF FROM DISABILITIES UNDER ARTICLE TWENTY-THREE OF
THE CORRECTION LAW, IN WHICH EVENT THE COURT MUST DETERMINE SUCH APPLI-
CATION AND SUCH DETERMINATION SHALL BE WITHOUT REGARD TO THE DETERMI-
NATION OF THE PETITION FOR SEALING. NOTHING IN THIS SECTION SHALL
PROHIBIT USE OF THE CONVICTION OF AN OFFENSE, THE RECORDS OF WHICH HAVE
BEEN SEALED HEREUNDER, IN ANY SENTENCING PROCEEDING, OR AS AN ELEMENT OF
AN OFFENSE IN ANY SUBSEQUENT CRIMINAL PROCEEDING OR REGULATORY ACTION
COMMENCED AGAINST THE PETITIONER BY THE STATE OR ANY POLITICAL SUBDIVI-
SION THEREOF.
5. UNSEALING OF SEALED RECORDS. WHERE RECORDS OF A PERSON'S CONVICTION
OR CONVICTIONS HAVE BEEN SEALED PURSUANT TO THIS SECTION, SUCH RECORD OR
RECORDS SHALL BE UNSEALED: (A) IMMEDIATELY UPON SUCH PERSON BEING SUBSE-
QUENTLY ARRAIGNED ON THE CHARGE OF ANY FELONY OFFENSE UNDER THE LAW OF
THIS STATE, OR A CRIMINAL OFFENSE UNDER FEDERAL LAW OR THE LAW OF ANOTH-
ER STATE THAT, UNDER THE PENAL LAW OF THIS STATE, WOULD CONSTITUTE A
FELONY OFFENSE; OR (B) IMMEDIATELY UPON SUCH PERSON BEING SUBSEQUENTLY
CONVICTED OF ANY MISDEMEANOR OFFENSE UNDER THE LAW OF THIS STATE, OR A
CRIMINAL OFFENSE UNDER FEDERAL LAW OR THE LAW OF ANOTHER STATE THAT,
UNDER THE PENAL LAW OF THIS STATE, WOULD CONSTITUTE A MISDEMEANOR
OFFENSE. PROVIDED, HOWEVER, THAT IF SUCH NEW ARREST, CHARGE OR
CONVICTION (FOLLOWING AN APPEAL THEREFROM) RESULTS IN A TERMINATION IN
FAVOR OF THE ACCUSED AS DEFINED IN SUBDIVISION THREE OF SECTION 160.50
OF THIS ARTICLE OR IN A CONVICTION FOR A NON-CRIMINAL OFFENSE AS
DESCRIBED IN SECTION 160.55 OF THIS ARTICLE, SUCH UNSEALED RECORDS SHALL
AGAIN BE SEALED AS PROVIDED IN SUBPARAGRAPH FIVE OF PARAGRAPH (C) OF
SUBDIVISION TWO OF THIS SECTION.
S 4. 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
A. 9607 6
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-
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 INCLUDING ANY
OFFICER, INDIVIDUAL, INSTITUTION OR AGENCY SUBJECT TO OVERSIGHT OR
REGULATION BY THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH
SPECIAL NEEDS OR WITH ANY OTHER OFFICER, INDIVIDUAL, INSTITUTION OR
AGENCY DESIGNATED BY THE CHIEF ADMINISTRATOR OF THE COURTS PURSUANT TO
CLAUSE (VI) OF SUBPARAGRAPH SIX OF PARAGRAPH (C) OF SUBDIVISION TWO OF
SECTION 160.65 OF THE CRIMINAL PROCEDURE LAW with respect to any arrest
or criminal accusation which was followed by a youthful offender adjudi-
cation, 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 CRIMI-
NAL PROCEDURE LAW.
S 5. Whenever, in connection with the licensing, employment or provid-
ing of credit or insurance to an individual, any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, inquires of such individual if he or she has been
convicted of a crime, whether in any form of application or otherwise,
such inquiry, regardless of how worded, shall be deemed to be only as to
convictions that have not been sealed pursuant to section 160.55, 160.58
or 160.65 of the criminal procedure law, and the individual to whom it
is directed shall answer accordingly; provided, however, this section
shall not apply where the inquiry would not constitute an unlawful
discriminatory practice under subdivision 16 of section 296 of the exec-
utive law.
S 6. Nothing in this act shall bar any person from freely speaking or
writing about, or publishing by any other means, any information in his
or her possession concerning another person's past criminal conviction
or convictions, notwithstanding that such conviction or convictions may
have been sealed pursuant to this act.
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S 7. 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 effective date.