NY State Senate Bill 2017-S3205A

Senate Bill S3205A

2017-2018 Legislative Session

Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Jun 05, 2017	print number 3205a
Jun 05, 2017	amend and recommit to investigations and government operations
Jan 20, 2017	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2017-S3205 - Details

See Assembly Version of this Bill:: A4038
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L; amd §§170.55 & 170.56, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7014
2013-2014: A4589
2015-2016: S5595, A1721
2019-2020: S3995, A6045
2021-2022: A7591
2023-2024: A7191
2025-2026: A5929

2017-S3205 - Summary

Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal.

2017-S3205 - Sponsor Memo

                                 BILL NUMBER:  S3205

 TITLE OF BILL :  An act to amend the executive law and the criminal
procedure law, in relation to preventing employment discrimination
against persons whose criminal charges have been adjourned in
contemplation of dismissal

 PURPOSE OR GENERAL IDEA OF BILL :

To bring arrested persons whose criminal charges have been "adjourned
in contemplation of dismissal" within the protection of those
provisions or the Human Rights Law and the Criminal Procedure Law
which prevent employment discrimination against persons who have been
arrested but not convicted or any crime.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends the Human Rights Law, Executive Law Section 296(16),
to provide that licensing agencies, employers, and providers of credit
or insurance shall not make inquiries about, or take adverse actions
based on, an arrest or criminal accusation which has been adjourned in
contemplation of dismissal (ACD'd). It further provides that
individuals whose criminal charges have been adjourned in
contemplation of dismissal shall not be required to divulge
information about these charges in connection with employment,
licensing, credit or insurance. To accomplish this purpose, the bill

provides that a case which has been ACD'd, and has not been restored
to the court calendar, shall not be considered a "pending case" for
purposes of this provision.

Sections 2 and 3 amend the sections of the criminal procedure law
which authorize ACD's, sections 170.55 and 170.56 of the CPL, to
provide that once a case has been ACD'd, employers and governmental
agencies which issue various certificates, licenses, permits or
authorizations that are required by law as a condition of gaining or
holding employment in various types of positions, businesses and
professions, shall treat the ACD as a termination of the case in the
defendant's favor. The intent of this provision is that an employer or
public agency which has suspended or withheld a permit, license or
clearance required by an individual that is necessary for the
individual to gain or retain employment, shall not consider the matter
pending until the final order of dismissal is entered by the court,
but shall proceed upon being notified of the ACD, as it would proceed
upon being notified of a dismissal or acquittal. This provision would
not limit the discretion of public or private employers who have taken
adverse action subsequent to an arrest but before the ACD was ordered.

 EXISTING LAW :

The protections afforded by Section 1 of the bill are already afforded
by existing law to persons whose criminal cases ended in dismissal or
acquittal; in youthful offender adjudications; in convictions of
noncriminal violations or infractions, with certain limited
exceptions; and in convictions of drug offenses where the defendant
has completed a drug treatment program and has satisfied the court
that he is deserving of this protection.

Existing law contains certain exemptions relating to gun licensing and
law enforcement positions. These would be unchanged by the amendments.
The exemptions would apply to persons who received ACD's, as they
apply to the other categories of protected persons.

CPL section 170.55, subd. 8, already contains a provision that "no
person shall suffer any disability or forfeiture" as a result of an
order granting an ACD. It further states that upon final dismissal,
"the arrest and prosecution shall be deemed a nullity and the
defendant shall be restored, in contemplation of law, to the status he
occupied before his arrest and prosecution." The proposed amendment in
section 2 of the bill clarifies the existing statute by specifying
that the person who has been granted the ACD is entitled to
restoration of certain legal rights, albeit less than the sweeping
legal protection he will receive once the dismissal is final. CPL
section 170.56, relating to ACDs in marijuana cases, contains the same
language as CPL 170.55 regarding the arrest and prosecution being
"deemed a nullity" upon final dismissal of the matter.

 JUSTIFICATION :

Currently, state laws against criminal record discrimination protect
people whose arrests did not lead to conviction, so long as the
charges are not pending. However, there are no protections for people
who have received adjournments in contemplation of dismissal (ACD's),
even though they will be protected as soon as the dismissal occurs. A
case that has been ACD'd is not yet sealed under the provisions of the
Criminal Procedure Law, and therefore is not considered "terminated"
in the defendant's favor under the existing statute, but it routinely
will be dismissed and sealed after the passage of six months or a
year, depending on the charge. See CPL § 170.55, 170.56, 210.46,
210.47, 215.10.

Under existing law, employers can and often do deny job applicants who
have received an ACD's on the theory that the case is "pending," even
though just a tiny fraction of ACD'd cases are ever restored to the
calendar and prosecuted. This places an unfair and unnecessary
obstacle in the path of job applicants, where the prosecution has
already conceded that the person did nothing that requires pursuit of
criminal charges. Executive Law Section 296(16) should be amended to
add protections against criminal record discrimination for anyone who
has received an adjournment in contemplation of dismissal, unless and
until that person's charges are restored to the court calendar.
Additionally, employers are often required to fire workers or suspend
them without pay for the 6-month or 12-month period of an ACD, because
a government agency that must authorize the employment considers the
case "pending" and withholds the necessary authorization. This is an
unnecessary and onerous burden on employees, particularly low-income
employees in fast-growing service professions like health and
education. When a case has been ACD'd, and the employer is willing to
retain or reinstate the employee, a governmental licensing or
supervisory agency should not block retention or reinstatement merely
because time must pass before the ACD "ripens" into a dismissal.
Because ACD'd cases almost always result in dismissal, it would be
unfair for the state and its instrumentalities to continue to deny the
individual a source of income, merely because he was arrested, once
the Court has ordered the ACD and thereby determined that the case
does not warrant continued prosecution.

 PRIOR LEGISLATIVE HISTORY :

2015-2016: S.5595 - Referred to Investigations and Government
operations

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
90 days.

2017-S3205 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3205
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the executive law and the  criminal  procedure  law,  in
   relation to preventing employment discrimination against persons whose
   criminal charges have been adjourned in contemplation of dismissal
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 AN ORDER ADJOURNING THE CRIMINAL ACTION IN  CONTEMPLATION  OF
 DISMISSAL, PURSUANT TO SECTION 170.55, 170.56, 210.46, 210.47, OR 215.10
 OF  THE  CRIMINAL PROCEDURE LAW, or by a youthful offender adjudication,
 as defined in subdivision one of section 720.35 of the  criminal  proce-
 dure  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, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04923-01-7

 S. 3205                             2
 
 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  AN ORDER ADJOURNING THE CRIMINAL
 ACTION  IN  CONTEMPLATION  OF  DISMISSAL,  PURSUANT TO SECTION 170.55 OR
 170.56 OF THE CRIMINAL PROCEDURE LAW, or 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.  The
 provisions  of  this subdivision shall not apply to the licensing activ-
 ities 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 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  member-
 ship  in any law enforcement agency with respect to any arrest or crimi-
 nal accusation which was followed by a youthful  offender  adjudication,
 as  defined  in subdivision one of section 720.35 of the criminal proce-
 dure 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.  FOR PURPOSES
 OF THIS SUBDIVISION, AN ACTION WHICH HAS BEEN ADJOURNED IN CONTEMPLATION
 OF DISMISSAL, PURSUANT TO SECTION  170.55  OR  170.56  OF  THE  CRIMINAL
 PROCEDURE LAW, SHALL NOT BE CONSIDERED A PENDING ACTION, UNLESS THE CASE
 HAS BEEN RESTORED TO THE CALENDAR.
   § 2. Subdivision 8 of section 170.55 of the criminal procedure law, as
 added  by  chapter  134 of the laws of 1982 and as renumbered by chapter
 683 of the laws of 1990, is amended to read as follows:
   8. The granting of an adjournment in contemplation of dismissal  shall
 not  be  deemed  to  be a conviction or an admission of guilt. No person
 shall suffer any disability or forfeiture as a result of such an  order.
 UPON  GRANTING  THE ORDER OF ADJOURNMENT, THE ACTION SHALL BE CONSIDERED
 TERMINATED IN THE DEFENDANT'S FAVOR FOR THE  PURPOSE  OF  EMPLOYMENT  AS
 DEFINED  BY  SUBDIVISION  FIVE  OF  SECTION  SEVEN  HUNDRED FIFTY OF THE
 CORRECTION LAW OR LICENSE AS DEFINED  BY  SUBDIVISION  FOUR  OF  SECTION
 SEVEN  HUNDRED  FIFTY  OF  THE CORRECTION LAW. Upon the dismissal of the
 accusatory instrument pursuant to this section, the  arrest  and  prose-
 cution shall be deemed a nullity and the defendant shall be restored, in
 contemplation of law, to the status he OR SHE occupied before his OR HER
 arrest and prosecution.
   § 3. Subdivision 4 of section 170.56 of the criminal procedure law, as
 added  by  chapter  1042  of  the  laws  of  1971, is amended to read as
 follows:
   4.  UPON THE GRANTING OF AN ORDER PURSUANT TO SUBDIVISION TWO OF  THIS
 SECTION,  THE  ACTION  SHALL BE CONSIDERED TERMINATED IN THE DEFENDANT'S
 FAVOR FOR THE PURPOSE OF EMPLOYMENT AS DEFINED BY  SUBDIVISION  FIVE  OF
 SECTION  SEVEN  HUNDRED  FIFTY  OF  THE  CORRECTION  LAW OR A LICENSE AS
 DEFINED BY SUBDIVISION FOUR  OF  SECTION  SEVEN  HUNDRED  FIFTY  OF  THE
 CORRECTION  LAW.  Upon  the granting of an order pursuant to subdivision
 three, the arrest and prosecution shall be  deemed  a  nullity  and  the
 defendant  shall  be restored, in contemplation of law, to the status he
 OR SHE occupied before his OR HER arrest and prosecution.
   § 4. No provision of this act shall be construed to impair or diminish
 any rights an employee or licensee, or an applicant for employment or  a

 S. 3205                             3
 
 license, may already possess pursuant to section 170.55 or 170.56 of the
 criminal procedure law.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

2017-S3205A (ACTIVE) - Details

See Assembly Version of this Bill:: A4038
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L; amd §§170.55 & 170.56, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7014
2013-2014: A4589
2015-2016: S5595, A1721
2019-2020: S3995, A6045
2021-2022: A7591
2023-2024: A7191
2025-2026: A5929

2017-S3205A (ACTIVE) - Summary

Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal.

2017-S3205A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3205A

 TITLE OF BILL :

An act to amend the executive law and the criminal procedure law, in
relation to preventing employment discrimination against persons whose
criminal charges have been adjourned in contemplation of dismissal

 PURPOSE OR GENERAL IDEA OF BILL :

To bring arrested persons whose criminal charges have been "adjourned
in contemplation of dismissal" within the protection of those
provisions or the Human Rights Law and the Criminal Procedure Law
which prevent employment discrimination against persons who have been
arrested but not convicted or any crime.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends the Human Rights Law, Executive Law Section 296(16),
to provide that licensing agencies, employers, and providers of credit
or insurance shall not make inquiries about, or take adverse actions
based on, an arrest or criminal accusation which has been adjourned in
contemplation of dismissal (ACD'd). It further provides that
individuals whose criminal charges have been adjourned in
contemplation of dismissal shall not be required to divulge
information about these charges in connection with employment,

licensing, credit or insurance. To accomplish this purpose, the bill
provides that a case which has been ACD'd, and has not been restored
to the court calendar, shall not be considered a "pending case" for
purposes of this provision.

Sections 2 and 3 amend the sections of the criminal procedure law
which authorize ACD's, sections 170.55 and 170.56 of the CPL, to
provide that once a case has been ACD'd, employers and governmental
agencies which issue various certificates, licenses, permits or
authorizations that are required by law as a condition of gaining or
holding employment in various types of positions, businesses and
professions, shall treat the ACD as a termination of the case in the
defendant's favor. The intent of this provision is that an employer or
public agency which has suspended or withheld a permit, license or
clearance required by an individual that is necessary for the
individual to gain or retain employment, shall not consider the matter
pending until the final order of dismissal is entered by the court,
but shall proceed upon being notified of the ACD, as it would proceed
upon being notified of a dismissal or acquittal. This provision would
not limit the discretion of public or private employers who have taken
adverse action subsequent to an arrest but before the ACD was ordered.

 EXISTING LAW :

The protections afforded by Section 1 of the bill are already afforded
by existing law to persons whose criminal cases ended in dismissal or
acquittal; in youthful offender adjudications; in convictions of
noncriminal violations or infractions, with certain limited
exceptions; and in convictions of drug offenses where the defendant
has completed a drug treatment program and has satisfied the court
that he is deserving of this protection.

Existing law contains certain exemptions relating to gun licensing and
law enforcement positions. These would be unchanged by the amendments.
The exemptions would apply to persons who received ACD's, as they
apply to the other categories of protected persons.

CPL section 170.55, subd. 8, already contains a provision that "no
person shall suffer any disability or forfeiture" as a result of an
order granting an ACD. It further states that upon final dismissal,
"the arrest and prosecution shall be deemed a nullity and the
defendant shall be restored, in contemplation of law, to the status he
occupied before his arrest and prosecution." The proposed amendment in
section 2 of the bill clarifies the existing statute by specifying
that the person who has been granted the ACD is entitled to
restoration of certain legal rights, albeit less than the sweeping
legal protection he will receive once the dismissal is final. CPL
section 170.56, relating to ACDs in marijuana cases, contains the same
language as CPL 170.55 regarding the arrest and prosecution being
"deemed a nullity" upon final dismissal of the matter.

 JUSTIFICATION :

Currently, state laws against criminal record discrimination protect
people whose arrests did not lead to conviction, so long as the
charges are not pending. However, there are no protections for people
who have received adjournments in contemplation of dismissal (ACD's),
even though they will be protected as soon as the dismissal occurs. A
case that has been ACD'd is not yet sealed under the provisions of the
Criminal Procedure Law, and therefore is not considered "terminated"
in the defendant's favor under the existing statute, but it routinely
will be dismissed and sealed after the passage of six months or a
year, depending on the charge. See CPL § 170.55, 170.56, 210.46,
210.47, 215.10.

Under existing law, employers can and often do deny job applicants who
have received an ACD's on the theory that the case is "pending," even
though just a tiny fraction of ACD'd cases are ever restored to the
calendar and prosecuted. This places an unfair and unnecessary
obstacle in the path of job applicants, where the prosecution has
already conceded that the person did nothing that requires pursuit of
criminal charges. Executive Law Section 296(16) should be amended to
add protections against criminal record discrimination for anyone who
has received an adjournment in contemplation of dismissal, unless and
until that person's charges are restored to the court calendar.
Additionally, employers are often required to fire workers or suspend
them without pay for the 6-month or 12-month period of an ACD, because
a government agency that must authorize the employment considers the
case "pending" and withholds the necessary authorization. This is an
unnecessary and onerous burden on employees, particularly low-income
employees in fast-growing service professions like health and
education. When a case has been ACD'd, and the employer is willing to
retain or reinstate the employee, a governmental licensing or
supervisory agency should not block retention or reinstatement merely
because time must pass before the ACD "ripens" into a dismissal.
Because ACD'd cases almost always result in dismissal, it would be
unfair for the state and its instrumentalities to continue to deny the
individual a source of income, merely because he was arrested, once
the Court has ordered the ACD and thereby determined that the case
does not warrant continued prosecution.

 PRIOR LEGISLATIVE HISTORY

2015-2016 : S.5595 - Referred to Investigations and Government
operations

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
90 days after it shall have become a law; provided however that
section two of this act shall take effect on the same day and in the
same manner as section 48-a of part WWW of chapter 59 of the laws of
2017 takes effect.

2017-S3205A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3205--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the executive law and the criminal procedure law, in
   relation to preventing employment discrimination against persons whose
   criminal charges have been adjourned in contemplation of dismissal
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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 AN ORDER ADJOURNING THE CRIMINAL ACTION IN CONTEMPLATION OF
 DISMISSAL, PURSUANT TO SECTION 170.55, 170.56, 210.46, 210.47, OR 215.10
 OF THE CRIMINAL PROCEDURE LAW, or by a youthful  offender  adjudication,
 as  defined  in subdivision one of section 720.35 of the criminal proce-
 dure 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, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04923-03-7

 S. 3205--A                          2
 
 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  AN ORDER ADJOURNING THE CRIMINAL
 ACTION IN CONTEMPLATION OF DISMISSAL,  PURSUANT  TO  SECTION  170.55  OR
 170.56  OF THE CRIMINAL PROCEDURE LAW, or 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. The
 provisions of this subdivision shall not apply to the  licensing  activ-
 ities  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 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 member-
 ship in any law enforcement agency with respect to any arrest or  crimi-
 nal  accusation  which was followed by a youthful offender adjudication,
 as defined in subdivision one of section 720.35 of the  criminal  proce-
 dure  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.  FOR  PURPOSES
 OF THIS SUBDIVISION, AN ACTION WHICH HAS BEEN ADJOURNED IN CONTEMPLATION
 OF  DISMISSAL,  PURSUANT  TO  SECTION  170.55  OR 170.56 OF THE CRIMINAL
 PROCEDURE LAW, SHALL NOT BE CONSIDERED A PENDING ACTION, UNLESS THE CASE
 HAS BEEN RESTORED TO THE CALENDAR.
   § 2. Subdivision 16 of section 296 of the executive law, as amended by
 section 48-a of part WWW of chapter 59 of the laws of 2017,  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 AN ORDER ADJOURNING THE CRIMINAL ACTION IN CONTEMPLATION OF
 DISMISSAL, PURSUANT TO SECTION 170.55, 170.56, 210.46, 210.47, OR 215.10
 OF THE CRIMINAL PROCEDURE LAW, or by a youthful  offender  adjudication,
 as  defined  in subdivision one of section 720.35 of the criminal proce-
 dure 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 160.59 or 160.58 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  proceed-
 ing  in  favor  of  such  individual,  as  defined in subdivision two of
 section 160.50 of the criminal procedure law, OR BY AN ORDER  ADJOURNING
 THE  CRIMINAL  ACTION IN CONTEMPLATION OF DISMISSAL, PURSUANT TO SECTION
 170.55 OR 170.56 OF THE CRIMINAL PROCEDURE LAW, or by a youthful  offen-
 der adjudication, as defined in subdivision one of section 720.35 of the

 S. 3205--A                          3
 
 criminal procedure law, or by a conviction for a violation sealed pursu-
 ant  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 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 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.  FOR  PURPOSES  OF THIS SUBDIVISION, AN ACTION
 WHICH HAS BEEN ADJOURNED IN  CONTEMPLATION  OF  DISMISSAL,  PURSUANT  TO
 SECTION  170.55  OR  170.56  OF THE CRIMINAL PROCEDURE LAW, SHALL NOT BE
 CONSIDERED A PENDING ACTION, UNLESS THE CASE HAS BEEN  RESTORED  TO  THE
 CALENDAR.
   § 3. Subdivision 8 of section 170.55 of the criminal procedure law, as
 added  by  chapter  134 of the laws of 1982 and as renumbered by chapter
 683 of the laws of 1990, is amended to read as follows:
   8. The granting of an adjournment in contemplation of dismissal  shall
 not  be  deemed  to  be a conviction or an admission of guilt. No person
 shall suffer any disability or forfeiture as a result of such an  order.
 UPON  GRANTING  THE ORDER OF ADJOURNMENT, THE ACTION SHALL BE CONSIDERED
 TERMINATED IN THE DEFENDANT'S FAVOR FOR THE  PURPOSE  OF  EMPLOYMENT  AS
 DEFINED  BY  SUBDIVISION  FIVE  OF  SECTION  SEVEN  HUNDRED FIFTY OF THE
 CORRECTION LAW OR LICENSE AS DEFINED  BY  SUBDIVISION  FOUR  OF  SECTION
 SEVEN  HUNDRED  FIFTY  OF  THE CORRECTION LAW. Upon the dismissal of the
 accusatory instrument pursuant to this section, the  arrest  and  prose-
 cution shall be deemed a nullity and the defendant shall be restored, in
 contemplation of law, to the status he OR SHE occupied before his OR HER
 arrest and prosecution.
   § 4. Subdivision 4 of section 170.56 of the criminal procedure law, as
 added  by  chapter  1042  of  the  laws  of  1971, is amended to read as
 follows:
   4. UPON THE GRANTING OF AN ORDER PURSUANT TO SUBDIVISION TWO  OF  THIS
 SECTION,  THE  ACTION  SHALL BE CONSIDERED TERMINATED IN THE DEFENDANT'S
 FAVOR FOR THE PURPOSE OF EMPLOYMENT AS DEFINED BY  SUBDIVISION  FIVE  OF
 SECTION  SEVEN  HUNDRED  FIFTY  OF  THE  CORRECTION  LAW OR A LICENSE AS
 DEFINED BY SUBDIVISION FOUR  OF  SECTION  SEVEN  HUNDRED  FIFTY  OF  THE
 CORRECTION  LAW.  Upon  the granting of an order pursuant to subdivision
 three, the arrest and prosecution shall be  deemed  a  nullity  and  the
 defendant  shall  be restored, in contemplation of law, to the status he
 OR SHE occupied before his OR HER arrest and prosecution.
   § 5. No provision of this act shall be construed to impair or diminish
 any rights an employee or licensee, or an applicant for employment or  a
 license, may already possess pursuant to section 170.55 or 170.56 of the
 criminal procedure law.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided however that section two of this  act  shall
 take  effect  on the same date and in the same manner as section 48-a of
 part WWW of chapter 59 of the laws of 2017, takes effect.

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