S T A T E   O F   N E W   Y O R K
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                                  10710

                          I N  A S S E M B L Y

                              June 13, 2016
                               ___________

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

AN ACT to amend the criminal procedure law and  the  executive  law,  in
  relation  to  sealing  of  certain  convictions (Part A); to amend the
  executive law and the judiciary law, in relation to  certain  criminal
  history  record  searches  (Part B); and to direct the commissioner of
  the division of criminal justice  services  to  seal  certain  records
  (Part C)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law major components  of  legislation.
Each  component  is  wholly  contained with a Part identified as Parts A
through C. The effective date for each  particular  provision  contained
within  such  Part  is  set  forth in the last section of such Part. Any
provision in any section contained within a Part, including  the  effec-
tive date of the Part, which makes reference to a section "of this act",
when  used in connection with that particular component, shall be deemed
to mean and refer to the corresponding section of the Part in  which  it
is  found.  Section  three  of this act sets forth the general effective
date of this act.

                                 PART A

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 160.59 to read as follows:
S 160.59 SEALING OF CERTAIN CONVICTIONS.
  1.  DEFINITIONS:  AS  USED  IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS;
  (A) "ELIGIBLE OFFENSE" SHALL MEAN ANY CRIME DEFINED  IN  THE  LAWS  OF
THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR-
TY  OF  THE  PENAL  LAW,  AN  OFFENSE  DEFINED  IN  ARTICLE  TWO HUNDRED
SIXTY-THREE OF THE PENAL LAW, A FELONY OFFENSE DEFINED  IN  ARTICLE  ONE
HUNDRED  TWENTY-FIVE  OF THE PENAL LAW, A VIOLENT FELONY OFFENSE DEFINED
IN SECTION 70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE  DEFINED  IN

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

                                                           LBD15862-02-6

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THE  PENAL  LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED FIVE OF
THE PENAL LAW WHERE THE UNDERLYING OFFENSE IS NOT AN  ELIGIBLE  OFFENSE,
AN  ATTEMPT  TO COMMIT AN OFFENSE THAT IS NOT AN ELIGIBLE OFFENSE IF THE
ATTEMPT  IS  A  FELONY,  OR  AN  OFFENSE FOR WHICH REGISTRATION AS A SEX
OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
  (B) "SENTENCING JUDGE" SHALL MEAN THE JUDGE  WHO  PRONOUNCED  SENTENCE
UPON  THE  CONVICTION UNDER CONSIDERATION, OR IF THAT JUDGE IS NO LONGER
SITTING IN A COURT IN THE  JURISDICTION  IN  WHICH  THE  CONVICTION  WAS
OBTAINED, ANY OTHER JUDGE WHO IS SITTING IN THE CRIMINAL COURT WHERE THE
JUDGMENT OF CONVICTION WAS ENTERED.
  2.  (A)  A  DEFENDANT  WHO  HAS  BEEN  CONVICTED OF UP TO TWO ELIGIBLE
OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE MAY APPLY TO THE COURT  IN
WHICH  HE  OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH
CONVICTION SEALED. IF ALL OFFENSES ARE OFFENSES WITH  THE  SAME  CLASSI-
FICATION,  THE  APPLICATION  SHALL  BE  MADE  TO  THE COURT IN WHICH THE
DEFENDANT WAS LAST CONVICTED.
  (B) AN APPLICATION SHALL CONTAIN: (I)  A  COPY  OF  A  CERTIFICATE  OF
DISPOSITION OR OTHER SIMILAR DOCUMENTATION FOR ANY OFFENSE FOR WHICH THE
DEFENDANT  HAS BEEN CONVICTED, OR AN EXPLANATION OF WHY SUCH CERTIFICATE
OR OTHER DOCUMENTATION IS NOT AVAILABLE; (II) A SWORN STATEMENT  OF  THE
DEFENDANT  AS  TO  WHETHER HE OR SHE HAS FILED, OR THEN INTENDS TO FILE,
ANY APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE; (III) A  COPY
OF  ANY  OTHER SUCH APPLICATION THAT HAS BEEN FILED; (IV) A SWORN STATE-
MENT AS TO THE CONVICTION OR  CONVICTIONS  FOR  WHICH  RELIEF  IS  BEING
SOUGHT; AND (V) A SWORN STATEMENT OF THE REASON OR REASONS WHY THE COURT
SHOULD, IN ITS DISCRETION, GRANT SUCH SEALING, ALONG WITH ANY SUPPORTING
DOCUMENTATION.
  (C)  A  COPY  OF ANY APPLICATION FOR SUCH SEALING SHALL BE SERVED UPON
THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE CONVICTION, OR, IF MORE
THAN ONE, THE CONVICTIONS, WAS OR WERE OBTAINED. THE  DISTRICT  ATTORNEY
SHALL  NOTIFY  THE  COURT WITHIN FORTY-FIVE DAYS IF HE OR SHE OBJECTS TO
THE APPLICATION FOR SEALING.
  (D) WHEN SUCH APPLICATION  IS  FILED  WITH  THE  COURT,  IT  SHALL  BE
ASSIGNED  TO  THE  SENTENCING  JUDGE UNLESS MORE THAN ONE APPLICATION IS
FILED IN WHICH CASE THE APPLICATION SHALL  BE  ASSIGNED  TO  THE  COUNTY
COURT  OR THE SUPREME COURT OF THE COUNTY IN WHICH THE CRIMINAL COURT IS
LOCATED, WHO SHALL REQUEST AND RECEIVE FROM  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  A  FINGERPRINT  BASED  CRIMINAL HISTORY RECORD OF THE
DEFENDANT, INCLUDING ANY SEALED OR SUPPRESSED RECORDS. THE  DIVISION  OF
CRIMINAL  JUSTICE SERVICES ALSO SHALL INCLUDE A CRIMINAL HISTORY REPORT,
IF ANY, 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, AND TO MAKE SUCH  INFORMATION  AVAIL-
ABLE  TO  THE  COURT,  WHICH  MAY MAKE THIS INFORMATION AVAILABLE TO THE
DISTRICT ATTORNEY AND THE DEFENDANT.
  3. THE SENTENCING JUDGE, OR COUNTY OR SUPREME  COURT  SHALL  SUMMARILY
DENY THE DEFENDANT'S APPLICATION WHEN:
  (A)  THE  DEFENDANT IS REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT
TO ARTICLE SIX-C OF THE CORRECTION LAW; OR
  (B) THE DEFENDANT HAS  PREVIOUSLY  OBTAINED  SEALING  OF  THE  MAXIMUM
NUMBER  OF  CONVICTIONS  ALLOWABLE  UNDER SECTION 160.58 OF THE CRIMINAL
PROCEDURE LAW; OR
  (C) THE DEFENDANT HAS  PREVIOUSLY  OBTAINED  SEALING  OF  THE  MAXIMUM
NUMBER  OF CONVICTIONS ALLOWABLE UNDER SUBDIVISION FOUR OF THIS SECTION;
OR

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  (D) THE TIME PERIOD SPECIFIED IN SUBDIVISION FIVE OF THIS SECTION  HAS
NOT YET BEEN SATISFIED; OR
  (E) THE DEFENDANT HAS AN UNDISPOSED ARREST OR CHARGE PENDING; OR
  (F)  THE  DEFENDANT  WAS  CONVICTED OF ANY CRIME AFTER THE DATE OF THE
IMPOSITION OF THE SENTENCE ON  THE  DEFENDANT'S  LATEST  CONVICTION  FOR
WHICH SEALING IS SOUGHT; OR
  (G)  THE  DEFENDANT  HAS FAILED TO PROVIDE THE COURT WITH THE REQUIRED
SWORN STATEMENT OF THE REASONS WHY THE COURT  SHOULD  GRANT  THE  RELIEF
REQUESTED; OR
  (H)  THE  DEFENDANT HAS BEEN CONVICTED OF TWO OR MORE FELONIES OR MORE
THAN TWO CRIMES.
  4. PROVIDED THAT THE APPLICATION  IS  NOT  SUMMARILY  DENIED  FOR  THE
REASONS  SET FORTH IN SUBDIVISION THREE OF THIS SECTION, A DEFENDANT WHO
STANDS CONVICTED OF UP TO TWO ELIGIBLE OFFENSES, MAY OBTAIN  SEALING  OF
NO MORE THAN TWO ELIGIBLE OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE.
  5.  ANY  ELIGIBLE  OFFENSE MAY BE SEALED ONLY AFTER AT LEAST TEN YEARS
HAVE PASSED SINCE THE IMPOSITION OF  THE  SENTENCE  ON  THE  DEFENDANT'S
LATEST  CONVICTION,  OR,  IF  THE DEFENDANT WAS SENTENCED TO A PERIOD OF
INCARCERATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED  IN  CONJUNC-
TION  WITH  A SENTENCE OF PROBATION, THE DEFENDANT'S LATEST RELEASE FROM
INCARCERATION. IN CALCULATING THE TEN YEAR PERIOD  UNDER  THIS  SUBDIVI-
SION,  ANY  PERIOD  OF  TIME  THE DEFENDANT SPENT INCARCERATED AFTER THE
CONVICTION FOR WHICH THE APPLICATION FOR SEALING  IS  SOUGHT,  SHALL  BE
EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERI-
ODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
  6.  UPON  DETERMINING THAT THE APPLICATION IS NOT SUBJECT TO MANDATORY
DENIAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND THAT THE APPLI-
CATION IS OPPOSED BY THE DISTRICT  ATTORNEY,  THE  SENTENCING  JUDGE  OR
COUNTY  OR  SUPREME  COURT SHALL CONDUCT A HEARING ON THE APPLICATION IN
ORDER TO CONSIDER ANY EVIDENCE OFFERED BY EITHER PARTY  THAT  WOULD  AID
THE  SENTENCING JUDGE IN HIS OR HER DECISION WHETHER TO SEAL THE RECORDS
OF THE DEFENDANT'S CONVICTIONS. NO HEARING IS REQUIRED IF  THE  DISTRICT
ATTORNEY  DOES  NOT OPPOSE THE APPLICATION, HOWEVER THE COURT MAY HOLD A
HEARING AT ITS DISCRETION.
  7. IN CONSIDERING ANY SUCH APPLICATION, THE SENTENCING JUDGE OR COUNTY
OR SUPREME COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT  NOT
LIMITED TO:
  (A)  THE  AMOUNT  OF  TIME THAT HAS ELAPSED SINCE THE DEFENDANT'S LAST
CONVICTION;
  (B) THE CIRCUMSTANCES AND SERIOUSNESS OF THE  OFFENSE  FOR  WHICH  THE
DEFENDANT IS SEEKING RELIEF, INCLUDING WHETHER THE ARREST CHARGE WAS NOT
AN ELIGIBLE OFFENSE;
  (C)  THE CIRCUMSTANCES AND SERIOUSNESS OF ANY OTHER OFFENSES FOR WHICH
THE DEFENDANT STANDS CONVICTED;
  (D) THE CHARACTER OF THE DEFENDANT, INCLUDING ANY  MEASURES  THAT  THE
DEFENDANT  HAS  TAKEN  TOWARD  REHABILITATION,  SUCH AS PARTICIPATING IN
TREATMENT PROGRAMS, WORK, OR SCHOOLING, AND PARTICIPATING  IN  COMMUNITY
SERVICE OR OTHER VOLUNTEER PROGRAMS;
  (E)  ANY  STATEMENTS  MADE  BY THE VICTIM OF THE OFFENSE FOR WHICH THE
DEFENDANT IS SEEKING RELIEF;
  (F) THE IMPACT OF SEALING THE DEFENDANT'S RECORD UPON HIS OR HER REHA-
BILITATION AND UPON HIS OR HER SUCCESSFUL  AND  PRODUCTIVE  REENTRY  AND
REINTEGRATION INTO SOCIETY; AND
  (G)  THE IMPACT OF SEALING THE DEFENDANT'S RECORD ON PUBLIC SAFETY AND
UPON THE PUBLIC'S CONFIDENCE IN AND RESPECT FOR THE LAW.

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  8. WHEN A SENTENCING JUDGE OR COUNTY OR SUPREME 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 EXCEPT AS PROVIDED FOR IN SUBDIVISION  NINE  OF
THIS  SECTION;  PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGER-
PRINTS, PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE  SAME.  THE
CLERK  OF  SUCH  COURT  SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES REGARDING THE RECORDS  THAT  SHALL
BE  SEALED  PURSUANT  TO  THIS  SECTION. THE CLERK ALSO SHALL NOTIFY ANY
COURT IN WHICH THE DEFENDANT HAS STATED, PURSUANT TO  PARAGRAPH  (B)  OF
SUBDIVISION  TWO OF THIS SECTION, THAT HE OR SHE HAS FILED OR INTENDS TO
FILE AN APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE.
  9. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:
  (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT; OR
  (B) 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; OR
  (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; OR
  (E) THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE  FEDERAL
BUREAU  OF  INVESTIGATION,  FOR THE PURPOSES OF RESPONDING TO QUERIES TO
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS
TO PURCHASE OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED  IN  18
USC 921(A)(3).
  10.  A CONVICTION WHICH IS SEALED PURSUANT TO THIS SECTION IS INCLUDED
WITHIN THE DEFINITION OF A CONVICTION FOR THE PURPOSES OF  ANY  CRIMINAL
PROCEEDING  IN  WHICH  THE  FACT  OF  A PRIOR CONVICTION WOULD ENHANCE A
PENALTY OR IS AN ELEMENT OF THE OFFENSE CHARGED.
  11. NO DEFENDANT SHALL BE REQUIRED OR PERMITTED TO  WAIVE  ELIGIBILITY
FOR  SEALING  PURSUANT  TO  THIS  SECTION  AS  PART OF A PLEA OF GUILTY,
SENTENCE OR ANY AGREEMENT  RELATED  TO  A  CONVICTION  FOR  AN  ELIGIBLE
OFFENSE AND ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY ENFORCEABLE.
  S 2. Subdivision 16 of section 296 of the executive law, as separately
amended  by section 3 of part N and section 14 of part AAA by 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

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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
OR 160.59 of the criminal procedure law, in connection with the  licens-
ing,  employment or providing of credit or insurance to such individual;
provided, further, that no person shall be required to divulge  informa-
tion  pertaining to any arrest or criminal accusation of such individual
not then pending against that individual which was followed by a  termi-
nation  of  that criminal action or proceeding in favor of such individ-
ual, 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 OR 160.59 of the criminal procedure law.  The  provisions
of  this  subdivision  shall  not  apply  to the licensing activities of
governmental bodies in relation to the regulation 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 subdivi-
sions 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 OR 160.59 of the criminal procedure law.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law and  shall  apply  to  searches  of  criminal
history records conducted on or after such date; provided, however, that
a  defendant  may request sealing, as set forth in section 160.59 of the
criminal procedure law, as added by section one  of  this  act,  for  an
offense  which  was committed prior to the effective date of this act or
on or after the effective date of this act.

                                 PART B

  Section 1. The executive law is amended by adding a new section  845-c
to read as follows:
  S 845-C. CRIMINAL HISTORY RECORD SEARCHES; UNDISPOSED CASES.  1. WHEN,
PURSUANT  TO  STATUTE  OR  THE REGULATIONS OF THE DIVISION, THE DIVISION
CONDUCTS A SEARCH OF ITS CRIMINAL HISTORY RECORDS AND RETURNS  A  REPORT
THEREON,  ALL  REFERENCES TO UNDISPOSED CASES CONTAINED IN SUCH CRIMINAL
HISTORY RECORD SHALL BE EXCLUDED FROM SUCH REPORT.
  2. FOR PURPOSES OF THIS SECTION, "UNDISPOSED CASE" SHALL MEAN A CRIMI-
NAL ACTION OR PROCEEDING IDENTIFIED IN THE DIVISION'S  CRIMINAL  HISTORY
RECORD REPOSITORY, FOR WHICH THERE IS NO RECORD OF AN UNEXECUTED WARRANT
OF  ARREST,  SUPERIOR COURT WARRANT OF ARREST, OR BENCH WARRANT, AND FOR
WHICH THERE IS NO RECORD OF CONVICTION  OR  IMPOSITION  OF  SENTENCE  OR
OTHER FINAL DISPOSITION, OTHER THAN THE ISSUANCE OF AN APPARENTLY UNEXE-
CUTED  WARRANT, HAS BEEN RECORDED AND WITH RESPECT TO WHICH NO ENTRY HAS
BEEN MADE IN THE DIVISION'S CRIMINAL HISTORY RECORDS FOR A PERIOD OF  AT
LEAST  FIVE YEARS PRECEDING THE ISSUANCE OF SUCH REPORT. WHEN A CRIMINAL
ACTION IN THE DIVISION'S CRIMINAL HISTORY RECORD REPOSITORY  BECOMES  AN

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UNDISPOSED  CASE PURSUANT TO THIS SECTION, THE DIVISION SHALL NOTIFY THE
DISTRICT ATTORNEY IN THE COUNTY WHICH HAS JURISDICTION. IF THE  DISTRICT
ATTORNEY  NOTIFIES THE DIVISION THAT SUCH CASE IS PENDING AND SHOULD NOT
MEET  THE  DEFINITION  OF  AN  UNDISPOSED  CASE,  THE  CASE SHALL NOT BE
EXCLUDED FROM SUCH REPORT.
  3. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
TO  CRIMINAL HISTORY RECORD INFORMATION: (A) PROVIDED BY THE DIVISION TO
QUALIFIED AGENCIES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT  HUNDRED
THIRTY-SEVEN  OF  THIS  ARTICLE,  OR TO FEDERAL OR STATE LAW ENFORCEMENT
AGENCIES, FOR CRIMINAL JUSTICE PURPOSES; (B) PREPARED SOLELY FOR A  BONA
FIDE RESEARCH PURPOSE; OR (C) PREPARED FOR THE INTERNAL RECORDKEEPING OR
CASE MANAGEMENT PURPOSES OF THE DIVISION.
  S  2.  Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (u) to read as follows:
  (U) TAKE SUCH ACTIONS AND ADOPT SUCH MEASURES AS MAY BE  NECESSARY  TO
ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD
SEARCH  CONDUCTED  BY  THE  OFFICE OF COURT ADMINISTRATION, OTHER THAN A
SEARCH CONDUCTED SOLELY FOR THE INTERNAL RECORDKEEPING OR  CASE  MANAGE-
MENT  PURPOSES  OF  THE  JUDICIARY  OR FOR A BONA FIDE RESEARCH PURPOSE,
CONTAINS INFORMATION RELATING TO AN UNDISPOSED  CASE.  FOR  PURPOSES  OF
THIS  PARAGRAPH,  "UNDISPOSED  CASE"  SHALL  MEAN  A  CRIMINAL ACTION OR
PROCEEDING, OR AN ARREST INCIDENT, APPEARING  IN  THE  CRIMINAL  HISTORY
RECORDS  OF  THE OFFICE OF COURT ADMINISTRATION FOR WHICH NO CONVICTION,
IMPOSITION OF SENTENCE, ORDER OF REMOVAL  OR  OTHER  FINAL  DISPOSITION,
OTHER  THAN  THE  ISSUANCE OF AN APPARENTLY UNEXECUTED WARRANT, HAS BEEN
RECORDED AND WITH RESPECT TO WHICH  NO  ENTRY  HAS  BEEN  MADE  IN  SUCH
RECORDS  FOR  A  PERIOD OF AT LEAST FIVE YEARS PRECEDING THE ISSUANCE OF
SUCH REPORT. NOTHING CONTAINED IN THIS  PARAGRAPH  SHALL  BE  DEEMED  TO
PERMIT  OR REQUIRE THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY THE
OFFICE OF COURT ADMINISTRATION OF CRIMINAL  HISTORY  RECORD  INFORMATION
THAT HAS BEEN SEALED IN ACCORDANCE WITH LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law  and shall apply to searches of criminal
history records conducted on or after such date; provided, however, that
prior to such effective date, the division of criminal justice services,
in consultation with the state administrator of the unified court system
as well as any other public or  private  agency,  shall  undertake  such
measures  as  may  be  necessary  and appropriate to update its criminal
history records with respect to criminal cases and arrest incidents  for
which no final disposition has been reported.

                                 PART C

  Section  1.  The  commissioner  of  the  division  of criminal justice
services is authorized to direct that records of any action or  proceed-
ing  terminated in favor of the accused, as defined by section 160.50 of
the criminal procedure law, on or after September  1,  1976  and  before
November 1, 1991 maintained by the division of criminal justice services
be  sealed  in the manner provided for by section 160.50 of the criminal
procedure law. The commissioner of  the  division  of  criminal  justice
services  is  further authorized to direct that records of any action or
proceeding terminated by a conviction for  a  traffic  infraction  or  a
violation, other than a violation of loitering as described in paragraph
(d)  of subdivision 1 of section 160.10 of the criminal procedure law or
the violation of driving while ability impaired as described in subdivi-
sion 1 of section 1192 of the  vehicle  and  traffic  law  on  or  after

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September 1, 1980 and before November 1, 1991 maintained by the division
of  criminal  justice  services  be sealed in the manner provided for by
section 160.55 of the criminal procedure law.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
  S  2. Severability clause. If any provision of this act or application
thereof shall for any reason be  adjudged  by  any  court  of  competent
jurisdiction  to  be invalid, such judgment shall not affect, impair, or
invalidate the remainder of the act, but shall be confined in its opera-
tion to the provision thereof directly involved in  the  controversy  in
which the judgment shall have been rendered.
  S  3.  This act shall take effect immediately, provided, however, that
the applicable effective date of Parts A through C of this act shall  be
as specifically set forth in the last section of such Parts.