S T A T E O F N E W Y O R K
________________________________________________________________________
4718
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
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Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Codes
AN ACT to amend the executive law, in relation to inquiries about
certain sealed convictions; and to repeal section 160.58 of the crimi-
nal procedure law relating to conditional sealing of certain
controlled substances, marihuana or specified offense convictions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 160.58 of the criminal procedure law is REPEALED.
§ 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 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 160.59
[or 160.58] of the criminal procedure law, in connection with the
licensing, employment or providing of credit or insurance to such indi-
vidual; 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08671-01-9
A. 4718 2
individual, as defined in subdivision two of section 160.50 of the crim-
inal 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.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.