S T A T E O F N E W Y O R K
________________________________________________________________________
6187
2019-2020 Regular Sessions
I N A S S E M B L Y
March 1, 2019
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Correction
AN ACT to amend the executive law, in relation to removing the require-
ment to reveal certain past convictions
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
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 licens-
ing, employment or providing of credit or insurance to such individual;
provided, further, that no person shall be required to divulge informa-
tion pertaining to any arrest or criminal accusation of such individual
not then pending against that individual which was followed by a termi-
nation of that criminal action or proceeding in favor of such individ-
ual, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10299-02-9
A. 6187 2
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. ANY INDIVIDUAL
WITH A CONVICTION WHICH IS SEALED PURSUANT TO SECTIONS 160.55, 160.58 OR
160.59 OF THE CRIMINAL PROCEDURE LAW SHALL BE PERMITTED TO ANSWER IN THE
NEGATIVE TO THE QUESTION "HAVE YOU EVER BEEN CONVICTED OF A CRIME OR
VIOLATION?", OR ANY QUESTION WITH THE SAME SUBSTANTIVE CONTENT. 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 or 160.59 of the criminal procedure law.
§ 2. This act shall take effect immediately.