S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3456
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  establishing
   the  earned  amnesty act of 2019; and providing for the repeal of such
   provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Short title. This act shall be known and may be cited as
 "the earned amnesty act of 2019".
   § 2. The criminal procedure law is amended by  adding  a  new  section
 440.75 to read as follows:
 § 440.75 PETITION FOR EXPUNGEMENT OF RECORDS FOR THE INNOCENT, DISMISSED
            CASES, AND THE FALSELY ARRESTED.
   1.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, ANY PERSON WHO HAS BEEN
 PREVIOUSLY CONVICTED OF ANY OFFENSE UNDER THE LAWS OF THIS STATE AND WHO
 HAS NOT BEEN CONVICTED OF ANY PRIOR OR SUBSEQUENT OFFENSE IN THIS STATE,
 ANOTHER STATE, OR BY THE UNITED STATES MAY, AFTER THE  EXPIRATION  OF  A
 PERIOD OF TEN YEARS FROM THE DATE OF HIS OR HER CONVICTION, SATISFACTORY
 COMPLETION  OF HIS OR HER PROBATION, PAROLE, SUPERVISED RELEASE AND PAID
 ANY FINES IMPOSED OR RESTITUTION ORDERED, WHICHEVER IS LATER, MAY  PRES-
 ENT A VERIFIED PETITION TO THE CRIMINAL TERM OF THE SUPREME COURT IN THE
 COUNTY  OF  CONVICTION  OR  THE COUNTY COURT IN THE COUNTY OF CONVICTION
 SEEKING AN ORDER THAT SUCH CONVICTION AND ALL  RECORDS  AND  INFORMATION
 PERTAINING THERETO BE EXPUNGED.
   2.  (A) A COPY OF THE PETITION FOR EXPUNGEMENT TOGETHER WITH A COPY OF
 ALL SUPPORTING DOCUMENTS SHALL BE SERVED UPON:
   (I) THE DISTRICT ATTORNEY SERVING THE COUNTY OF CONVICTION;
   (II) THE SUPERINTENDENT OF THE STATE POLICE AND THE POLICE  DEPARTMENT
 IN THE JURISDICTION OF CONVICTION;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07138-01-9

              

 A. 3456                             2
 
   (III)  THE JUDGE OR JUSTICE WHO IMPOSED SENTENCE OR IF NOT SERVING THE
 ADMINISTRATIVE OR  SUPERVISING  JUDGE  IN  THE  JURISDICTION  WHERE  THE
 CONVICTION WAS ENTERED; AND
   (IV) THE VICTIM OF THE OFFENSE SOUGHT TO BE EXPUNGED.
   (B)  WITHIN  NINETY DAYS OF THE FILING OF THE PETITION, IF THERE IS NO
 OBJECTION FROM THE LAW  ENFORCEMENT  AGENCIES  NOTIFIED  OR  FROM  THOSE
 OFFICES  OR  AGENCIES  REQUIRED  TO  BE SERVED AND THE PETITIONER IS NOT
 DISQUALIFIED FROM OBTAINING AN ORDER OF EXPUNGEMENT, THE COURT MAY GRANT
 AN ORDER DIRECTING THE CLERK OF THE  COURT  AND  ALL  RELEVANT  CRIMINAL
 JUSTICE  AND  LAW  ENFORCEMENT  AGENCIES  TO EXPUNGE ALL RECORDS OF SAID
 DISPOSITION INCLUDING, BUT  NOT  LIMITED  TO  ALL  EVIDENCE  OF  ARREST,
 DETENTION, CONVICTION, SENTENCE AND PROCEEDINGS RELATED THERETO.
   (C)  IN THE EVENT NONE OF THE PERSONS OR AGENCIES REQUIRED TO BE NOTI-
 FIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, HAS FILED ANY  WRIT-
 TEN  OBJECTION  TO THE RELIEF SOUGHT, THE COURT MAY NONETHELESS DENY THE
 RELIEF SOUGHT IF IT CONCLUDES BY A PREPONDERANCE OF  THE  EVIDENCE  THAT
 THE PETITIONER IS NOT ENTITLED TO RELIEF IF:
   (I)  ANY STATUTORY PREREQUISITE IS NOT FULFILLED OR THERE IS ANY OTHER
 BASIS FOR DENYING RELIEF;
   (II) THE CONVICTION SOUGHT TO BE EXPUNGED AT THE TIME OF  THE  HEARING
 IS  THE  SUBJECT OF CIVIL LITIGATION BETWEEN PETITIONER AND THE STATE OR
 ANY POLITICAL SUBDIVISION THEREOF;
   (III) PETITIONER HAS HAD ANY PREVIOUS CRIMINAL CONVICTION EXPUNGED  IN
 THIS OR ANY OTHER STATE; OR
   (IV) THE COURT FINDS THAT PETITIONER HAS EITHER NOT BEEN REHABILITATED
 OR THAT THE ORDER OF EXPUNGEMENT IS NOT IN THE INTEREST OF JUSTICE.
   (D)  THE  COURT  MAY CONDITIONALLY GRANT AN ORDER OF EXPUNGEMENT BASED
 UPON THE PERFORMANCE OF COMMUNITY SERVICE. FOR A CONVICTION OF A:
   (I) CLASS B FELONY, THE PETITIONER SHALL COMPLETE FIVE  HUNDRED  HOURS
 OF COMMUNITY SERVICE;
   (II) CLASS C FELONY, THE PETITIONER SHALL COMPLETE THREE HUNDRED HOURS
 OF COMMUNITY SERVICE;
   (III)  CLASS D FELONY, THE PETITIONER SHALL COMPLETE TWO HUNDRED HOURS
 OF COMMUNITY SERVICE;
   (IV) CLASS E FELONY, THE PETITIONER SHALL COMPLETE ONE  HUNDRED  HOURS
 OF COMMUNITY SERVICE;
   (V)  CLASS A MISDEMEANOR, THE PETITIONER SHALL COMPLETE FIFTY HOURS OF
 COMMUNITY SERVICE; AND
   (VI) CLASS B MISDEMEANOR, THE PETITIONER  SHALL  COMPLETE  TWENTY-FIVE
 HOURS OF COMMUNITY SERVICE.
   (E)  UPON RECEIVING SATISFACTORY PROOF THAT THE IMPOSED TERM OF COMMU-
 NITY SERVICE HAS BEEN PERFORMED AND THE DISTRICT ATTORNEY  HAS  VERIFIED
 THE PERFORMANCE THE COURT MAY GRANT A FINAL ORDER OF EXPUNGEMENT.
   3.  RECORDS  OF CONVICTION FOR THE FOLLOWING OFFENSES SPECIFIED BY THE
 PENAL LAW AND THE VEHICLE AND  TRAFFIC  LAW  SHALL  NOT  BE  SUBJECT  TO
 EXPUNGEMENT PURSUANT TO THIS SECTION:
   (A) ALL CLASS A FELONIES;
   (B) ALL VIOLENT FELONY OFFENSES;
   (C)  ALL VIOLATIONS OF ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW FOR
 WHICH A DEFENDANT WAS REQUIRED TO REGISTER UNDER ARTICLE  SIX-C  OF  THE
 CORRECTION LAW;
   (D)  ALL  CRIMES COMMITTED BY A PERSON HOLDING ANY PUBLIC OFFICE POSI-
 TION OR EMPLOYMENT ELECTIVE OR APPOINTIVE UNDER THE GOVERNMENT  OF  THIS
 STATE  OR  ANY  AGENCY  OR  POLITICAL  SUBDIVISION  IF  THE  OFFENSE  OF
 CONVICTION INVOLVED THE OFFICE OR POSITION OF EMPLOYMENT.

 A. 3456                             3
 
   4. EVERY PETITION FOR EXPUNGEMENT FILED PURSUANT TO THIS SECTION SHALL
 BE VERIFIED UNDER THE PENALTY OF PERJURY AND SHALL INCLUDE:
   (A) PETITIONER'S DATE OF BIRTH;
   (B) PETITIONER'S DATE OF ARREST;
   (C) THE SECTION OF LAW UNDER WHICH THE PETITIONER WAS CONVICTED;
   (D) THE ORIGINAL INDICTMENT, SUPERIOR COURT INFORMATION OR COMPLAINT;
   (E)  A  CERTIFICATE OF DISPOSITION WITH THE SEAL OF THE COURT FROM THE
 COURT OF CONVICTION; AND
   (F) THE NAME OF THE JUDGE OR JUSTICE WHO IMPOSED THE SENTENCE.
   5. THIS SECTION SHALL APPLY TO CONVICTIONS WHICH OCCURRED PRIOR TO AND
 WHICH ARE ENTERED SUBSEQUENT TO THE EFFECTIVE DATE OF THIS SECTION.
   6. THE CHIEF JUDGE OF THE COURT  OF  APPEALS  SHALL  ANNUALLY  FILE  A
 REPORT  WITH THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF THE ASSEM-
 BLY AND THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE ON  OR
 BEFORE  MAY  FIRST FOR THE PRECEDING CALENDAR YEAR REPORTING BY JUDICIAL
 DISTRICT UPON THE NUMBER OF EXPUNGEMENT  APPLICATIONS  FILED  AND  THEIR
 DISPOSITIONS.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become  a  law  and  shall  expire
 December  31,  2023 when upon such date the provisions of this act shall
 be deemed repealed.