S T A T E O F N E W Y O R K
________________________________________________________________________
2485
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to the automatic
expungement of arrest 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 160.61 to read as follows:
§ 160.61 AUTOMATIC EXPUNGEMENT OF RECORDS OF ARREST.
1. IN ANY JURISDICTION IN WHICH AN ARREST OCCURRED WHERE SUCH ARREST
IS VOIDABLE, A COURT WHICH HAD JURISDICTION, OR WOULD HAVE HAD JURISDIC-
TION OVER THE MATTER HAD SUCH ARREST NOT BEEN VOIDABLE SHALL ISSUE AN
ORDER EXPUNGING ANY AND ALL RECORDS, PURSUANT TO SUCH ARREST NOT LATER
THAN THIRTY DAYS AFTER THE DATE ON WHICH SUCH ARREST BECOMES A VOIDABLE
ARREST. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "VOIDABLE ARREST"
MEANS ANY ARREST RESULTING IN THE FOLLOWING:
(A) THE INDIVIDUAL WAS RELEASED WITHOUT THE FILING OF FORMAL CHARGES;
(B) A DETERMINATION WAS MADE THAT THE ARREST WAS WITHOUT PROBABLE
CAUSE; OR
(C) THE DISMISSAL OF PROCEEDINGS AGAINST THE INDIVIDUAL.
2. (A) WHEN AN ORDER IS ISSUED FOR THE EXPUNGEMENT OF RECORDS PURSUANT
TO THIS SECTION, THE HEADS OF ALL APPROPRIATE POLICE DEPARTMENTS,
PROSECUTOR'S OFFICES AND LAW ENFORCEMENT AGENCIES SHALL BE NOTIFIED BY
THE COURT THAT ALL RECORDS OF OR RELATING TO ANY SUCH ARREST BE IMME-
DIATELY EXPUNGED AS FOLLOWS:
(I) EVERY PHOTOGRAPH OF SUCH PERSON AND PHOTOGRAPHIC PLATE OR PROOF,
AND ALL PALMPRINTS, FINGERPRINTS AND RETINA SCANS MADE OF SUCH PERSON
PURSUANT TO THE PROVISIONS OF THIS ARTICLE, AND ALL DUPLICATES AND
COPIES THEREOF, EXCEPT A DIGITAL FINGERPRINT IMAGE WHERE AUTHORIZED
PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH, SHALL FORTHWITH BE
DESTROYED BY ANY POLICE DEPARTMENT, PROSECUTOR'S OFFICE OR LAW ENFORCE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00753-01-1
A. 2485 2
MENT AGENCY HAVING ANY SUCH PHOTOGRAPH, PHOTOGRAPHIC PLATE, FINGERPRINTS
OR RETINA SCANS UNDER ITS POSSESSION OR CONTROL;
(II) ANY POLICE DEPARTMENT, PROSECUTOR'S OFFICE OR LAW ENFORCEMENT
AGENCY, INCLUDING THE DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH TRAN-
SMITTED OR OTHERWISE FORWARDED TO ANY AGENCY OF THE UNITED STATES OR ANY
OTHER STATE OR JURISDICTION OUTSIDE THE STATE OF NEW YORK COPIES OF ANY
SUCH PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS, FINGER-
PRINTS OR RETINA SCANS SHALL FORTHWITH FORMALLY INFORM SUCH AGENCY IN
WRITING THAT THE MATTER HAS BEEN EXPUNGED AND REQUEST IN WRITING THAT
ALL SUCH COPIES BE DESTROYED OR RETURNED TO ANY SUCH DEPARTMENT, OFFICE
OR AGENCY IN THE STATE OF NEW YORK;
(III) ALL OFFICIAL RECORDS AND PAPERS, INCLUDING JUDGMENTS FOR AND
ORDERS OF A COURT BUT NOT INCLUDING PUBLIC COURT DECISIONS OR OPINIONS
OR RECORDS OR BRIEFS RELATING TO THE ARREST, INCLUDING ANY DUPLICATES
AND COPIES THEREOF ON FILE WITH ANY COURT, POLICE DEPARTMENT,
PROSECUTOR'S OFFICE OR LAW ENFORCEMENT AGENCY SHALL BE MARKED AS
EXPUNGED AND SEALED AND NOT BE MADE AVAILABLE TO, OR USED FOR, ANY
PURPOSE NOT EXPLICITLY AUTHORIZED BY LAW BY ANY PERSON OR PUBLIC OR
PRIVATE AGENCY; AND
(IV) WHERE FINGERPRINTS SUBJECT TO THE PROVISIONS OF THIS SECTION HAVE
BEEN RECEIVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND HAVE BEEN
FILED BY THE DIVISION AS DIGITAL IMAGES, SUCH IMAGES MAY BE RETAINED,
PROVIDED THAT A FINGERPRINT CARD OF THE INDIVIDUAL IS ON FILE WITH THE
DIVISION AND WAS NOT EXPUNGED PURSUANT TO THIS SECTION.
(B) NOTIFICATION OF EXPUNGEMENT SHALL BE PROVIDED TO THE PERSON WHOSE
ARREST WAS VOIDABLE AND TO HIS OR HER ATTORNEY OF RECORD, IF ANY.
3. IN ANY SITUATION WHERE AUTOMATIC EXPUNGEMENT AND RECORD DESTRUCTION
HAVE NOT TAKEN PLACE AS REQUIRED BY THIS SECTION, OR WHERE SUPPORTING
COURT RECORDS CANNOT BE LOCATED OR HAVE BEEN DESTROYED, AN INDIVIDUAL OR
HIS OR HER ATTORNEY MAY SUBMIT A NOTIFICATION OF SUCH FACT TO A COURT
WHICH HAD JURISDICTION OVER THE MATTER, OR WHICH WOULD HAVE HAD JURIS-
DICTION OVER SUCH MATTER HAD THE ARREST NOT BEEN VOIDABLE, AND SUCH
ARREST RECORDS SHALL BE EXPUNGED AS SET FORTH PURSUANT TO THIS SECTION.
4. A PERSON WHO HAS RECEIVED EXPUNGEMENT OF AN ARREST UNDER THIS
SECTION MAY RESPOND TO ANY EMPLOYMENT INQUIRY AS THOUGH THE ARREST DID
NOT OCCUR.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.