senate Bill S4027

2017-2018 Legislative Session

Provides for the application for sealing a record of conviction

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Sponsored By

Current Bill Status - In Senate Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 02, 2017 referred to codes

S4027 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.65, CP L; amd §296, Exec L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S2344
2013-2014: S3384
2011-2012: S5843

S4027 - 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; provides such 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.

S4027 - Sponsor Memo

S4027 - Bill Text download pdf

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

                                  4027

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 2, 2017
                               ___________

Introduced  by  Sen.  BAILEY -- 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 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.
                                                           LBD08706-01-7