NY State Senate Bill 2017-S653

Senate Bill S653

2017-2018 Legislative Session

Permits the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor criminal offenses

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

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2017-S653 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §160.65, CP L; amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5385
2015-2016: S4245

2017-S653 (ACTIVE) - Summary

Establishes the second chance for ex-offenders act; permits the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor criminal offenses; defines the term "eligible offense"; excludes certain misdemeanor offenses as eligible offenses for the purposes of conditional sealing

2017-S653 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S653

 TITLE OF BILL :  An act to amend the criminal procedure law and the
executive law, in relation to permitting the sealing of records of
certain nonviolent misdemeanor or non-sexual misdemeanor offenses

 PURPOSE :

To allow for the sealing of certain low-level offenses and violations
under specific circumstances.

 SUMMARY OF PROVISIONS :

Section One entitles this act the "Second Chance for Ex-Offenders
Act".

Section Two amends the criminal procedure law and defines "eligible
offenses" for purposes of the conditional sealing of certain low-level
offenses. An individual can only apply for the sealing of an eligible
offense if at least seven years have passed since their conviction of
any penal law offense, they do not have more than three misdemeanors
on their criminal record, and they do not have any felony convictions.
Further, a person may not apply for conditional sealing of an eligible
offense until at least five years have passed since the completion of
any sentence affiliated with that eligible offense. Only the
sentencing court has jurisdiction to hold a hearing or grant an order

providing for the conditional sealing of eligible misdemeanors. This
section also provides the process by which a petition for the sealing
of certain records can be granted.

Section Three amends the executive law and provides that it shall be
an unlawful discriminatory practice for a non-governmental employer to
make an inquiry about, or act adversely to, an individual who has had
their criminal record sealed.

Section Four provides for an effective date of one hundred eighty days
after having become law.

 JUSTIFICATION :

This bill establishes a procedure under which certain low-level,
nonviolent offenses can be conditionally sealed. An individual will
not be eligible to file a petition to seal an eligible offense if that
individual has been convicted of more than three misdemeanors or any
felony, if their sentence has been complete for less than five years,
or if they have committed any penal law offense during the last seven
years.

Only the original sentencing court has jurisdiction over the sealing.
petition. Upon request, the court may conduct a hearing to determine
if certain records should be sealed. The court can consider the
circumstances surrounding the offense, the character of the defendant,
the defendant's criminal history and civic service record, and the
impact of sealing on the defendant's rehabilitation and on any victim
of the original crime. If subsequent to the sealing of records, a
petitioner is found guilty of any offense, their records will be
unsealed. Therefore, an individual who has been granted a sealing
petition is essentially on life-time probation.

A misdemeanor offense can follow a person for the rest of his or her
life. This bill intends to give those individuals who have previously
been convicted of an eligible offense, but have since proven to
possess good moral character, a second chance.

 LEGISLATIVE HISTORY :

S.4245 of 2015- Codes Committee
S5385 of 2014 - Codes Committee

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect one hundred eighty days after becoming law.

2017-S653 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    653
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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  permitting  the sealing of records of certain nonviolent
   misdemeanor or non-sexual misdemeanor offenses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall be known and may be cited as the "second
 chance for ex-offenders act".
   § 2. The criminal procedure law is amended by  adding  a  new  section
 160.65 to read as follows:
 § 160.65 CONDITIONAL SEALING OF CERTAIN OFFENSES.
   1. FOR THE PURPOSES OF THIS SECTION, THE TERM "ELIGIBLE OFFENSE" SHALL
 BE: (A) A MISDEMEANOR OFFENSE DEFINED IN THE PENAL LAW, PROVIDED THAT AN
 ELIGIBLE OFFENSE SHALL NOT MEAN A MISDEMEANOR OFFENSE DEFINED IN ARTICLE
 ONE  HUNDRED  TWENTY  EXCEPT  ASSAULT  IN THE THIRD DEGREE AS DEFINED BY
 SECTION 120.00, UNLESS COMMITTED IN THE COURSE OF  A  DOMESTIC  VIOLENCE
 INCIDENT,  ONE HUNDRED TWENTY-ONE, ONE HUNDRED THIRTY, ONE HUNDRED THIR-
 TY-FIVE, ONE HUNDRED FIFTY, TWO HUNDRED THIRTY-FIVE, TWO HUNDRED  FORTY-
 FIVE, TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE, TWO HUNDRED SIXTY-FIVE
 OR ARTICLE FOUR HUNDRED OF THE PENAL LAW. AN ELIGIBLE OFFENSE SHALL ALSO
 NOT  INCLUDE ANY ONE OR MORE OF THE FOLLOWING:  CRIMINAL SOLICITATION IN
 THE FOURTH DEGREE AS DEFINED  BY  SUBDIVISION  TWO  OF  SECTION  100.05;
 CONSPIRACY  IN THE FIFTH DEGREE AS DEFINED IN SECTION 105.05, PUNISHMENT
 AS DEFINED IN SUBDIVISION SEVEN OF SECTION 110.05, CRIMINAL FACILITATION
 IN THE FOURTH DEGREE AS DEFINED BY SECTION 115.00, CRIMINAL  OBSTRUCTION
 OF  BREATHING OR BLOOD CIRCULATION AS DEFINED IN SECTION 121.11, ISSUING
 ABORTIONAL ARTICLES AS DEFINED IN SECTION 125.60, CRIMINAL  MISCHIEF  IN
 THE  FOURTH  DEGREE  AS DEFINED IN SECTION 145.00, CRIMINAL TAMPERING IN
 THE SECOND DEGREE AS DEFINED IN SECTION 145.15, TAMPERING WITH A CONSUM-
 ER PRODUCT IN THE SECOND DEGREE AS DEFINED IN  SECTION  145.40,  WELFARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05443-01-7

 S. 653                              2
 
 FRAUD  IN THE FIFTH DEGREE AS DEFINED IN SECTION 158.05, CRIMINAL USE OF
 A PUBLIC BENEFIT CARD IN THE SECOND DEGREE AS DEFINED IN SECTION 158.30,
 UNLAWFUL USE OF A CREDIT CARD, DEBIT CARD  OR  PUBLIC  BENEFIT  CARD  AS
 DEFINED  IN  SECTION 165.17, FRAUDULENT OBTAINING A SIGNATURE AS DEFINED
 IN SECTION 165.20, FRAUDULENTLY ACCOSTING AS DEFINED IN SECTION  165.30,
 FORGERY  IN  THE  THIRD  DEGREE  AS  DEFINED IN SECTION 170.05, CRIMINAL
 POSSESSION OF AN ANTI-SECURITY ITEM AS DEFINED IN SECTION 170.47, FALSI-
 FYING BUSINESS RECORDS IN  THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
 175.05, TAMPERING WITH PUBLIC RECORDS IN THE SECOND DEGREE AS DEFINED IN
 SECTION  175.20,  OFFERING  A  FALSE INSTRUMENT FOR FILING IN THE SECOND
 DEGREE AS DEFINED IN SECTION 175.30, ISSUING A FALSE FINANCIAL STATEMENT
 AS DEFINED IN SECTION 175.45, INSURANCE FRAUD IN  THE  FIFTH  DEGREE  AS
 DEFINED  IN  SECTION  176.10,  HEALTH  CARE FRAUD IN THE FIFTH DEGREE AS
 DEFINED IN SECTION 177.05, COMMERCIAL BRIBING IN THE  SECOND  DEGREE  AS
 DEFINED  IN  SECTION  180.00,  COMMERCIAL  BRIBE RECEIVING IN THE SECOND
 DEGREE AS DEFINED IN SECTION 180.05, RENT GOUGING IN THE THIRD DEGREE AS
 DEFINED IN SECTION 180.55, RENT GOUGING IN THE SECOND DEGREE AS  DEFINED
 IN  SECTION  180.56,  FRAUD  IN INSOLVENCY AS DEFINED IN SECTION 185.00,
 FRAUD INVOLVING A SECURITY INTEREST AS DEFINED IN SECTION 185.05,  FRAU-
 DULENT  DISPOSITION  OF MORTGAGED PROPERTY AS DEFINED IN SECTION 185.10,
 FRAUDULENT  DISPOSITION  OF  PROPERTY  SUBJECT  TO  A  CONDITIONAL  SALE
 CONTRACT AS DEFINED IN SECTION 185.15, RESIDENTIAL MORTGAGE FRAUD IN THE
 FIFTH  DEGREE  AS  DEFINED  IN  SECTION  187.05,  ISSUING A BAD CHECK AS
 DEFINED IN SECTION 190.05, CRIMINAL SALE OF A POLICE UNIFORM AS  DEFINED
 IN  SECTION  190.27,  MISCONDUCT  BY  CORPORATE  OFFICIAL  AS DEFINED IN
 SECTION 190.35, MAKING A FALSE STATEMENT OF CREDIT TERMS AS  DEFINED  IN
 SECTION  190.55,  SCHEME  TO  DEFRAUD IN THE SECOND DEGREE AS DEFINED IN
 SECTION 190.60, SCHEME  TO  DEFRAUD  THE  STATE  BY  UNLAWFULLY  SELLING
 PRESCRIPTIONS  AS  DEFINED  IN SECTION 190.70, CRIMINAL USE OF AN ACCESS
 DEVICE IN THE SECOND DEGREE AS DEFINED IN SECTION 190.75, IDENTITY THEFT
 IN THE THIRD DEGREE AS DEFINED IN SECTION 190.78, UNLAWFUL POSSESSION OF
 A SKIMMER DEVICE IN THE SECOND DEGREE  AS  DEFINED  IN  SECTION  190.85,
 OFFICIAL  MISCONDUCT AS DEFINED IN SECTION 195.00, KILLING OR INJURING A
 POLICE ANIMAL AS DEFINED IN SECTION 195.06, REFUSING TO AID A  PEACE  OR
 POLICE  OFFICER  AS DEFINED IN SECTION 195.10, HARMING AN ANIMAL TRAINED
 TO AID A PERSON WITH A DISABILITY IN THE SECOND  DEGREE  AS  DEFINED  IN
 SECTION  195.11,  HARMING AN ANIMAL TRAINED TO AID A PERSON WITH A DISA-
 BILITY IN  THE FIRST DEGREE AS DEFINED IN SECTION 195.12, ESCAPE IN  THE
 THIRD  DEGREE  AS  DEFINED  IN SECTION 205.05, ABSCONDING FROM TEMPORARY
 RELEASE IN THE SECOND DEGREE AS DEFINED IN  SECTION  205.16,  ABSCONDING
 FROM  A  FURLOUGH PROGRAM AS DEFINED IN SECTION 205.18, PROMOTING PRISON
 CONTRABAND IN THE SECOND DEGREE AS DEFINED IN SECTION 205.20,  HINDERING
 PROSECUTION  IN THE THIRD DEGREE AS DEFINED IN SECTION 205.55, MAKING AN
 APPARENTLY FALSE SWORN STATEMENT IN THE  SECOND  DEGREE  AS  DEFINED  IN
 SECTION  210.35,  MAKING A PUNISHABLE FALSE WRITTEN STATEMENT AS DEFINED
 IN SECTION 210.45, TAMPERING WITH A  WITNESS  IN  THE  FORTH  DEGREE  AS
 DEFINED  IN  SECTION  215.10,  CRIMINAL CONTEMPT IN THE SECOND DEGREE AS
 DEFINED IN SECTION 215.50, CRIMINAL POSSESSION OF METHAMPHETAMINE  MANU-
 FACTURING  MATERIAL  IN  THE SECOND DEGREE AS DEFINED IN SECTION 220.70,
 PROMOTING PROSTITUTION IN  THE  FOURTH  DEGREE  AS  DEFINED  IN  SECTION
 230.20, RIOT IN THE SECOND DEGREE AS DEFINED IN SECTION 240.05, INCITING
 TO  RIOT  AS  DEFINED  IN SECTION 240.08, DISRUPTION OR DISTURBANCE OF A
 RELIGIOUS SERVICE, FUNERAL, BURIAL OR MEMORIAL  SERVICE  AS  DEFINED  IN
 SECTION  240.21,  HARASSMENT  IN  THE FIRST DEGREE AS DEFINED IN SECTION
 240.25, CRIMINAL NUISANCE IN THE SECOND DEGREE  AS  DEFINED  BY  SECTION
 240.45,  DISSEMINATING A FALSE REGISTERED SEX OFFENDER NOTICE AS DEFINED

 S. 653                              3
 
 IN SECTION 240.48, CRIMINAL INTERFERENCE WITH HEALTH  CARE  SERVICES  OR
 RELIGIOUS  WORSHIP  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 240.70,
 INTERFERENCE, HARASSMENT OR INTIMIDATION OF A SERVICE ANIMAL AS  DEFINED
 IN  SECTION  242.05,  HARMING  A  SERVICE ANIMAL IN THE SECOND DEGREE AS
 DEFINED IN SECTION 242.10, DISSEMINATION  OF  AN  UNLAWFUL  SURVEILLANCE
 IMAGE  IN THE SECOND DEGREE AS DEFINED IN SECTION 250.55, NON-SUPPORT OF
 A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 260.05,  MISREPRESEN-
 TATION BY A CHILD DAY CARE PROVIDER AS DEFINED IN SECTION 260.31, UNLAW-
 FUL  FLEEING  A POLICE OFFICER IN A MOTOR VEHICLE IN THE THIRD DEGREE AS
 DEFINED IN SECTION 270.25  OR  ANY  SPECIFIED  OFFENSE  SUBJECT  TO  THE
 PROVISION  RELATING  TO  HATE CRIMES AS DEFINED IN SECTION 485.05 OF THE
 PENAL LAW.  ADDITIONALLY, AN ELIGIBLE OFFENSE SHALL NOT INCLUDE CRIMINAL
 SOLICITATION, CONSPIRACY, ATTEMPT, OR CRIMINAL  FACILITATION  TO  COMMIT
 ANY VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW,
 OR  ANY  SEX  OFFENSE  AS  DEFINED  UNDER SUBDIVISION TWO OF SECTION ONE
 HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.   "ELIGIBLE OFFENSE"  SHALL
 ALSO  INCLUDE  RECKLESS  DRIVING,  AS  DEFINED BY SECTION TWELVE HUNDRED
 TWELVE OF THE VEHICLE AND TRAFFIC LAW;
   (B) ANY NON-CRIMINAL OFFENSE; OR
   (C) ANY YOUTHFUL OFFENDER ADJUDICATION.
   2. A PERSON HAVING A CONVICTION FOR NO MORE THAN THREE  OFFENSES,  WHO
 DOES NOT STAND CONVICTED OF ANY FELONY, AND WHO IS NOT REQUIRED TO MAIN-
 TAIN  REGISTRATION  UNDER ARTICLE SIX-C OF THE CORRECTION LAW, MAY PETI-
 TION THE COURT WHICH ISSUED THE CONVICTION TO CONDITIONALLY SEAL  UP  TO
 THREE ELIGIBLE OFFENSES WHEN:
   (A) AT LEAST FIVE YEARS HAVE PASSED SINCE THE COMPLETION OF A SENTENCE
 ON AN ELIGIBLE OFFENSE; AND
   (B)  SUCH  PERSON HAS NOT BEEN CONVICTED OF A PENAL LAW OFFENSE DURING
 THE LAST SEVEN YEARS AND IS NOT THE SUBJECT OF AN UNDISPOSED ARREST.
   3. THE PETITION AUTHORIZED BY THIS SECTION SHALL BE FILED IN THE COURT
 OF RECORD THAT IMPOSED THE SENTENCE UPON  PETITIONER  FOR  THE  ELIGIBLE
 OFFENSE. ON THE DEFENDANT'S MOTION, THE COURT WHICH IMPOSED THE SENTENCE
 FOR  THE ELIGIBLE OFFENSE MAY ORDER THAT THE OFFICIAL RECORDS AND PAPERS
 RELATING TO THE ARREST,  PROSECUTION  AND  CONVICTION  RECORDS  FOR  THE
 MATTER  WHICH  THEY  DISPOSED  OF BE CONDITIONALLY SEALED.   ANY SEALING
 ORDERED PURSUANT TO THIS SECTION SHALL ALSO RENDER THE ASSOCIATED ARREST
 A NULLITY.   PRIOR TO  SEALING  ANY  ARREST  RECORDS,  PROSECUTIONS,  OR
 CONVICTIONS:
   (A) THE SENTENCING COURT MUST REQUEST AND RECEIVE FROM THE DIVISION OF
 CRIMINAL JUSTICE SERVICES OR THE FEDERAL BUREAU OF INVESTIGATION A FING-
 ERPRINT  BASED  CRIMINAL  HISTORY RECORD OF THE DEFENDANT, INCLUDING ANY
 SEALED OR SUPPRESSED  INFORMATION.  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  SHALL ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM THE
 FEDERAL BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY  INFORMA-
 TION  THAT  OCCURRED  IN  OTHER  JURISDICTIONS.  THE  DIVISION IS HEREBY
 AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVES-
 TIGATION FOR THIS PURPOSE. THE PARTIES SHALL  BE  PERMITTED  TO  EXAMINE
 THESE RECORDS;
   (B)  THE  DEFENDANT  OR  COURT  MUST  IDENTIFY THE ELIGIBLE OFFENSE OR
 OFFENSES FOR WHICH RELIEF MAY BE GRANTED;
   (C) THE COURT MUST RECEIVE DOCUMENTATION THAT THE SENTENCE IMPOSED  ON
 THE  ELIGIBLE  OFFENSE OR ELIGIBLE OFFENSES HAS BEEN COMPLETED, OR IF NO
 SUCH DOCUMENTATION IS REASONABLY AVAILABLE, A SWORN AFFIDAVIT  THAT  THE
 SENTENCES IMPOSED ON THE PRIOR OFFENSES HAVE BEEN COMPLETED;

 S. 653                              4
 
   (D) THE DEFENDANT MUST PAY A TWO HUNDRED DOLLAR FILING FEE. THE FILING
 FEE  MAY  BE WAIVED IN CASES OF INDIGENCE AS DETERMINED BY THE PRESIDING
 JUDGE.
   4.  AT THE REQUEST OF THE DEFENDANT OR THE DISTRICT ATTORNEY THE COURT
 MAY CONDUCT A HEARING TO  CONSIDER  AND  REVIEW  ANY  RELEVANT  EVIDENCE
 OFFERED BY EITHER PARTY THAT WOULD AID THE COURT IN ITS DECISION WHETHER
 TO  SEAL  THE  RECORDS  OF  THE  DEFENDANT'S  ARRESTS,  PROSECUTIONS AND
 CONVICTIONS.  IN MAKING SUCH A DETERMINATION, THE COURT  SHALL  CONSIDER
 ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED TO:
   (A)  THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES THAT
 RESULTED IN THE CONVICTION OR CONVICTIONS;
   (B) THE CHARACTER OF THE DEFENDANT, INCLUDING WHAT STEPS THE PETITION-
 ER HAS TAKEN SINCE THE TIME OF THE  OFFENSE  TOWARD  PERSONAL  REHABILI-
 TATION,  INCLUDING  TREATMENT,  WORK,  SCHOOL, OR OTHER PERSONAL HISTORY
 THAT DEMONSTRATES REHABILITATION;
   (C) THE DEFENDANT'S CRIMINAL HISTORY;
   (D) THE DEFENDANT'S CIVIC SERVICE RECORD;
   (E) THE IMPACT OF SEALING THE DEFENDANT'S  RECORDS  UPON  HIS  OR  HER
 REHABILITATION  AND  HIS  OR  HER  SUCCESSFUL AND PRODUCTIVE REENTRY AND
 REINTEGRATION INTO SOCIETY, AND ON PUBLIC SAFETY; AND
   (F) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE WHERE THERE IS IN
 FACT A VICTIM OF THE CRIME.
   5. A DECISION GRANTING OR DENYING A MOTION UNDER THIS SECTION SHALL BE
 MADE IN WRITING AND SHALL STATE THE  REASONS  FOR  THE  COURT'S  RULING,
 UNLESS THE COURT GRANTS THE MOTION WITHOUT OBJECTION OR WRITTEN RESPONSE
 BY  THE PROSECUTOR, IN WHICH CASE THE COURT MAY ISSUE AN ORDER WITHOUT A
 WRITTEN DECISION. IF SEALING IS DENIED, THE  APPLICANT  MAY  APPEAL  THE
 DECISION  IN  ACCORDANCE  WITH  SUBDIVISION  SIX OF THIS SECTION, OR THE
 APPLICANT MAY REAPPLY AFTER THREE YEARS.
   6. EITHER PARTY MAY APPEAL AS OF RIGHT FROM  THE  COURT'S  ORDER.  THE
 APPEALING  PARTY  MUST  SERVE  NOTICE  OF  APPEAL UPON THE COURT AND THE
 OPPOSING PARTY WITHIN THIRTY DAYS OF THE ISSUANCE OF THE COURT ORDER. IF
 THE ORDER IS APPEALED BY THE PROSECUTOR, SUCH NOTICE OF APPEAL SHALL  BE
 DEEMED  A  STAY  OF  THE ORDER TO SEAL THE RECORDS. THE PROSECUTOR SHALL
 PERFECT THE APPEAL WITHIN SIXTY DAYS, OR THE SEALING ORDER  SHALL  IMME-
 DIATELY  TAKE EFFECT UNLESS THE COURT GRANTS AN EXTENSION OF THE TIME TO
 PERFECT THE APPEAL UPON GOOD CAUSE SHOWN BY THE PROSECUTOR.  THE  APPEAL
 SHALL  BE  TAKEN  TO  THE SAME COURT TO WHICH THE APPEAL OF THE ORIGINAL
 CONVICTION COULD HAVE BEEN BROUGHT. THE STANDARD OF REVIEW AT THE INTER-
 MEDIARY APPELLATE COURT SHALL BE ABUSE OF DISCRETION. THE DECISION OF AN
 INTERMEDIARY APPELLATE COURT SHALL BE APPEALABLE TO THE COURT OF APPEALS
 UPON LEAVE OF THE COURT.
   7. WHEN A 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;
 PROVIDED,  HOWEVER,  THE  DIVISION  SHALL RETAIN ANY FINGERPRINTS, PALM-
 PRINTS, PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.
   8. WHEN THE COURT ORDERS SEALING PURSUANT TO THIS SECTION,  THE  CLERK
 OF  SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION
 OF CRIMINAL JUSTICE SERVICES AND THE  DEFENDANT  REGARDING  THE  RECORDS
 THAT SHALL BE SEALED PURSUANT TO THIS SECTION.
   9. RECORDS SEALED PURSUANT TO THIS SUBDIVISION SHALL BE MADE AVAILABLE
 TO:
   (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;

 S. 653                              5
 
   (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 EXCEPT THAT RECORDS MAY NOT BE USED SOLELY FOR  LITI-
 GATION PURPOSES;
   (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.
   10. THE COURT SHALL NOT SEAL THE DEFENDANT'S RECORD PURSUANT  TO  THIS
 SECTION WHILE ANY CHARGED OFFENSE IS PENDING.
   11. IF, SUBSEQUENT TO THE SEALING OF RECORDS PURSUANT TO THIS SUBDIVI-
 SION, A PERSON WHO IS THE SUBJECT OF SUCH RECORDS IS FOUND GUILTY OF ANY
 MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED IMMEDIATE-
 LY AND REMAIN UNSEALED.
   12.  THE  RIGHT  TO  MAKE AN APPLICATION UNDER THIS SECTION MAY NOT BE
 WAIVED AT THE TIME A GUILTY PLEA IS ENTERED ON  ANY  CASE  IN  NEW  YORK
 STATE.
   § 3. 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
 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

 S. 653                              6
 
 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  of  the  criminal
 procedure  law,  OR  BY A CONVICTION WHICH IS SEALED PURSUANT TO SECTION
 160.65 OF THE CRIMINAL PROCEDURE LAW.
   § 4. 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 date.

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Senate Bill S653

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Sponsored By

Phil Boyle