S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8392
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2019
                                ___________
 
 Introduced by M. of A. MOSLEY -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the criminal procedure law, in relation to automatic
   sealing of certain misdemeanor records
 
   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 160.57 to read as follows:
 § 160.57 AUTOMATIC SEALING OF CERTAIN MISDEMEANOR RECORDS.
   1. AS USED IN THIS SECTION, "ELIGIBLE OFFENSE" SHALL MEAN  ANY  MISDE-
 MEANOR  CRIME DEFINED IN THE LAWS OF THIS STATE OTHER THAN A SEX OFFENSE
 DEFINED IN ARTICLE ONE HUNDRED  THIRTY OF THE PENAL LAW, OR  AN  OFFENSE
 FOR WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE
 SIX-C  OF THE CORRECTION LAW. FOR THE PURPOSES OF THIS SECTION, WHERE AN
 INDIVIDUAL IS CONVICTED OF MORE THAN ONE ELIGIBLE OFFENSE  COMMITTED  AS
 PART  OF THE SAME  CRIMINAL TRANSACTION AS DEFINED IN SUBDIVISION TWO OF
 SECTION 40.10 OF THIS CHAPTER, SUCH   OFFENSES SHALL BE  CONSIDERED  ONE
 ELIGIBLE OFFENSE.
   2. WHERE AN INDIVIDUAL HAS BEEN CONVICTED IN NEW YORK STATE OF NO MORE
 THAN  TWO  ELIGIBLE OFFENSES AND TEN YEARS HAVE PASSED SINCE THE IMPOSI-
 TION OF THE SENTENCE ON AN  INDIVIDUAL'S LATEST CRIMINAL  CONVICTION  IN
 NEW  YORK  STATE,  OR WHERE SUCH INDIVIDUAL WAS SENTENCED TO A PERIOD OF
 INCARCERATION FOR SUCH OFFENSE,  INCLUDING  A  PERIOD  OF  INCARCERATION
 IMPOSED  IN CONJUNCTION WITH A SENTENCE OF PROBATION, UPON SUCH INDIVID-
 UAL'S LATEST RELEASE   FROM  INCARCERATION,  ALL  OFFICIAL  RECORDS  AND
 PAPERS  RELATING  TO  THE ARRESTS, PROSECUTIONS, AND CONVICTIONS OF SUCH
 OFFENSES, 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 EXCEPT  AS
 PROVIDED  IN  SUBDIVISION  FOUR OF THIS  SECTION; PROVIDED, HOWEVER, THE
 DIVISION SHALL RETAIN ANY FINGERPRINTS, PALMPRINTS AND  PHOTOGRAPHS,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11923-01-9

 A. 8392                             2
 
 DIGITAL IMAGES OF THE SAME. THE COMMISSIONER OF THE DIVISION OF CRIMINAL
 JUSTICE  SERVICES  SHALL IMMEDIATELY NOTIFY THE OFFICE OF COURT ADMINIS-
 TRATION, THE CLERK OF SUCH COURT WHERE THE INDIVIDUAL WAS CONVICTED, AND
 THE  HEADS OF ALL APPROPRIATE POLICE  DEPARTMENTS AND OTHER LAW ENFORCE-
 MENT AGENCIES REGARDING THE RECORDS THAT SHALL  BE  SEALED  PURSUANT  TO
 THIS SECTION.
   3.  SEALING  OF  RECORDS  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION
 SHALL NOT APPLY TO THE RECORDS OF ANY INDIVIDUAL WHERE SUCH INDIVIDUAL:
   (A) IS REQUIRED TO REGISTER AS A  SEX  OFFENDER  PURSUANT  TO  ARTICLE
 SIX-C OF THE CORRECTION LAW;
   (B)   HAS  PREVIOUSLY  OBTAINED  SEALING  OF  THE  MAXIMUM  NUMBER  OF
 CONVICTIONS ALLOWABLE UNDER SECTION 160.58 OF THIS ARTICLE;
   (C)  HAS  PREVIOUSLY  OBTAINED  SEALING  OF  THE  MAXIMUM  NUMBER   OF
 CONVICTIONS ALLOWABLE UNDER SUBDIVISION TWO OF THIS SECTION;
   (D) HAS AN UNDISPOSED ARREST OR CHARGE PENDING IN NEW YORK STATE;
   (E) WAS CONVICTED OF ANY CRIME IN NEW YORK STATE AFTER THE DATE OF THE
 ENTRY OF JUDGMENT OF THE LAST CONVICTION FOR WHICH SEALING IS SOUGHT;
   (F)  HAS  BEEN CONVICTED OF ANY CRIME IN NEW YORK STATE THAT IS NOT AN
 ELIGIBLE OFFENSE; OR
   (G) HAS BEEN CONVICTED OF MORE THAN TWO CRIMES IN NEW YORK STATE.
   4. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION,  AN  INDIVID-
 UAL'S  RECORDS  WHICH HAVE BEEN SEALED PURSUANT TO THIS SECTION SHALL BE
 MADE AVAILABLE TO:
   (A) SUCH INDIVIDUAL OR SUCH INDIVIDUAL'S DESIGNATED AGENT;
   (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;
   (C)  ANY STATE OR LOCAL OFFICER OR AGENCY RESPONSIBLE FOR THE ISSUANCE
 OF LICENSES TO POSSESS GUNS, WHEN SUCH INDIVIDUAL HAS MADE  AN  APPLICA-
 TION FOR SUCH A LICENSE;
   (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 SUCH INDIVIDUAL'S APPLICA-
 TION  FOR  EMPLOYMENT  AS  A  POLICE OFFICER OR PEACE OFFICER; PROVIDED,
 HOWEVER, THAT EVERY SUCH APPLICANT FOR THE POSITION OF POLICE OFFICER OR
 PEACE OFFICER SHALL BE FURNISHED WITH A COPY  OF  ALL  RECORDS  OBTAINED
 UNDER  THIS  PARAGRAPH AND   SHALL BE AFFORDED AN OPPORTUNITY TO MAKE AN
 EXPLANATION THERETO; AND
   (E) THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE  FEDERAL
 BUREAU  OF  INVESTIGATION,  FOR THE PURPOSES OF RESPONDING TO QUERIES TO
 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS
 TO PURCHASE OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED  IN  18
 USC 921 (A) (3).
   5.  IN SITUATIONS WHERE SEALING OF AN INDIVIDUAL'S RECORDS IS REQUIRED
 UNDER SUBDIVISION TWO OF THIS SECTION, BUT HAS NOT TAKEN PLACE, AND SUCH
 INDIVIDUAL OR SUCH   INDIVIDUAL'S ATTORNEY PRESENTS  TO  THE  OFFICE  OF
 COURT  ADMINISTRATION  FINGERPRINT RECORDS FROM THE DIVISION OF CRIMINAL
 JUSTICE SERVICES OR A COURT DISPOSITION INDICATING THAT THE  PERIOD  FOR
 ELIGIBILITY HAS BEEN SATISFIED FOR AN ELIGIBLE CONVICTION, WITHIN THIRTY
 DAYS  OF NOTICE TO THE OFFICE OF COURT ADMINISTRATION, SUCH INDIVIDUAL'S
 RECORDS SHALL BE SEALED AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
   6. NO PERSON SHALL BE REQUIRED OR PERMITTED TO WAIVE  ELIGIBILITY  FOR
 SEALING  PURSUANT TO THIS SECTION AS PART OF A PLEA OF GUILTY, SENTENCE,
 OR ANY AGREEMENT RELATED TO A CONVICTION   FOR AN ELIGIBLE  OFFENSE  AND
 ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNENFORCEABLE.

 A. 8392                             3
 
   § 2. This act shall take effect immediately.