S T A T E O F N E W Y O R K
________________________________________________________________________
6399--C
2021-2022 Regular Sessions
I N A S S E M B L Y
March 17, 2021
___________
Introduced by M. of A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
FERNANDEZ, MAMDANI, WALKER, QUART, JACKSON, SEAWRIGHT, SIMON, DICKENS,
HYNDMAN, EPSTEIN, FORREST, ANDERSON, KELLES, GOTTFRIED, BURDICK,
GALLAGHER, CARROLL, SEPTIMO, L. ROSENTHAL, ZINERMAN, REYES, NIOU,
HEVESI, DARLING, AUBRY, MITAYNES, WEPRIN, LAVINE, O'DONNELL, JOYNER,
SOLAGES, BICHOTTE HERMELYN, JEAN-PIERRE, KIM, HUNTER, CLARK,
J. D. RIVERA, BRONSON, GIBBS, THIELE, DE LOS SANTOS, DAVILA,
J. RIVERA, TAYLOR, COOK, VANEL, FAHY, TAPIA, CUNNINGHAM, GLICK, LUCAS
-- Multi-Sponsored by -- M. of A. RAMOS -- read once and referred to
the Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Codes in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee
AN ACT to amend the criminal procedure law, the executive law and the
correction law, in relation to automatic sealing of certain
convictions
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 CONVICTIONS.
1. CONVICTIONS FOR CERTAIN TRAFFIC INFRACTIONS AND VIOLATIONS OR ANY
CRIME DEFINED IN THE LAWS OF THIS STATE SHALL BE SEALED IN ACCORDANCE
WITH PARAGRAPH (C) OF THIS SUBDIVISION AS FOLLOWS:
(A) CONVICTIONS FOR SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-
TWO OF THE VEHICLE AND TRAFFIC LAW SHALL BE SEALED AFTER THREE YEARS.
(B) CRIMINAL CONVICTIONS FOR MISDEMEANORS AND FELONIES SHALL BE SEALED
UPON SATISFACTION OF THE FOLLOWING CONDITIONS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09433-10-2
A. 6399--C 2
(I) AT LEAST THREE YEARS HAVE PASSED FROM THE IMPOSITION OF SENTENCE
ON THE DEFENDANT'S MOST RECENT MISDEMEANOR CONVICTION IN THIS STATE AND
AT LEAST SEVEN YEARS HAVE PASSED SINCE THE IMPOSITION OF SENTENCE ON THE
DEFENDANT'S MOST RECENT FELONY CONVICTION IN THIS STATE;
(II) THE DEFENDANT DOES NOT HAVE A SUBSEQUENT CRIMINAL CHARGE PENDING
IN THIS STATE;
(III) THE DEFENDANT IS NOT CURRENTLY UNDER THE SUPERVISION OF ANY
PROBATION OR PAROLE DEPARTMENT FOR THE ELIGIBLE CONVICTION; AND
(IV) THE CONVICTION IS NOT DEFINED AS A SEX OFFENSE UNDER SECTION ONE
HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
(C) WHERE A CONVICTION IS ELIGIBLE FOR SEALING PURSUANT TO THIS
SECTION BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMMEDIATELY NOTIFY THE
OFFICE OF COURT ADMINISTRATION, THE COURT OF CONVICTION, AND THE HEADS
OF ALL APPROPRIATE POLICE AND SHERIFF DEPARTMENTS THAT THE CONVICTION IS
SEALED.
(D) RECORDS OF CONVICTIONS SEALED PURSUANT TO THIS SECTION INCLUDING
PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS, FINGERPRINTS OR
RETINA SCANS SHALL NOT BE ACCESSED BY OR MADE AVAILABLE TO ANY PERSON OR
PUBLIC OR PRIVATE AGENCY, OR USED BY ANY ENTITY COVERED BY SUBDIVISION
THREE OF THIS SECTION EXCEPT FOR:
(I) THE DEFENDANT AND SUCH DEFENDANT'S COUNSEL;
(II) ANY COURT, DEFENSE COUNSEL OR PROSECUTOR FOR THE PURPOSES OF A
PENDING CRIMINAL PROCEEDING OR PROCEEDINGS BROUGHT IN A CRIMINAL COURT
PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW;
(III) QUALIFIED AGENCIES, AS DEFINED IN SUBDIVISION NINE OF SECTION
EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, FEDERAL AND STATE LAW
ENFORCEMENT AGENCIES, AND INTERSTATE AND INTERNATIONAL AUTHORITIES AS
DEFINED IN SUBDIVISION THREE OF SECTION TWO OF THE PUBLIC AUTHORITIES
LAW, WHEN ACTING WITHIN THE SCOPE OF THEIR LAW ENFORCEMENT DUTIES;
(IV) THE COURT, PROSECUTOR, AND DEFENSE COUNSEL IF THE DEFENDANT
BECOMES A WITNESS IN A CRIMINAL PROCEEDING, OR THE CLAIMANT AND RESPOND-
ENT IF THE DEFENDANT BECOMES A WITNESS IN A CIVIL PROCEEDING;
(V) WHEN AN INDIVIDUAL IS A DEFENDANT IN A CRIMINAL PROCEEDING OR
PROCEEDINGS BROUGHT IN A CRIMINAL COURT PURSUANT TO ARTICLE SIX-C OF THE
CORRECTIONS LAW AND THE SEALED RECORDS OF CONVICTION OF A THIRD PARTY
ARE INTEGRAL TO THEIR DEFENSE. IN SUCH INSTANCES, USE OF SEALED RECORDS
OF CONVICTION SHALL BE REQUESTED UPON EX PARTE MOTION IN ANY SUPERIOR
COURT, OR IN ANY DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE
CITY OF NEW YORK PROVIDED THAT SUCH COURT IS WHERE THE ACTION IS PEND-
ING. THE APPLICANT MUST DEMONSTRATE TO THE SATISFACTION OF THE COURT
THAT THE RECORDS WILL BE USED FOR THE PURPOSE OF THIS SUBPARAGRAPH;
(VI) ENTITIES THAT ARE REQUIRED BY STATE OR FEDERAL LAW TO REQUEST AND
RECEIVE A FINGERPRINT-BASED CHECK OF CRIMINAL HISTORY INFORMATION,
PROVIDED, HOWEVER, THAT A PERSON WHOSE CRIMINAL HISTORY INFORMATION IS
RETRIEVED PURSUANT TO THIS PARAGRAPH SHALL BE FURNISHED WITH A COPY OF
SUCH INFORMATION, TOGETHER WITH A COPY OF ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW, AND INFORMED OF HIS OR HER RIGHT TO SEEK CORRECTION OF
ANY INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL HISTORY INFORMATION
PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES;
(VII) PURSUANT TO APPLICABLE REGULATIONS PROMULGATED BY THE COMMIS-
SIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, SPECIFIED ENTITIES
THAT ARE AUTHORIZED BY STATE OR FEDERAL LAW TO REQUEST AND RECEIVE A
FINGERPRINT-BASED CHECK OF CRIMINAL HISTORY INFORMATION IN RELATION TO
THE PROVISION OF CARE OR SERVICES TO CHILDREN, AS DEFINED IN SUBDIVISION
A. 6399--C 3
ONE OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW, AND
VULNERABLE PERSONS, AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION FOUR
HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW, PROVIDED, HOWEVER, THAT
A PERSON WHOSE CRIMINAL HISTORY INFORMATION IS RETRIEVED PURSUANT TO
THIS PARAGRAPH SHALL BE PROVIDED WITH A COPY OF SUCH CRIMINAL HISTORY
INFORMATION, TOGETHER WITH A COPY OF ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW, AND INFORMED OF HIS OR HER RIGHT TO SEEK CORRECTION OF
ANY INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL HISTORY INFORMATION
PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES;
(VIII) 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 AN APPLICATION FOR
EMPLOYMENT AS A POLICE OFFICER, PROVIDED, HOWEVER, THAT EVERY PERSON WHO
IS AN APPLICANT SHALL BE FURNISHED WITH A COPY OF ALL RECORDS OBTAINED
UNDER THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION
THERETO;
(IX) ANY FEDERAL, STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY
FOR THE ISSUANCE OF LICENSES TO POSSESS A FIREARM, RIFLE OR SHOTGUN OR
WITH RESPONSIBILITY FOR CONDUCTING BACKGROUND CHECKS BEFORE TRANSFER OR
SALE OF A FIREARM OR EXPLOSIVE, WHEN THE OFFICER OR AGENCY IS ACTING
PURSUANT TO SUCH RESPONSIBILITY. THIS INCLUDES THE CRIMINAL JUSTICE
INFORMATION SERVICES DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION,
FOR THE PURPOSES OF RESPONDING TO QUERIES TO THE NATIONAL INSTANT BACK-
GROUND CHECK SYSTEM REGARDING ATTEMPTS TO PURCHASE OR OTHERWISE TAKE
POSSESSION OF FIREARMS, RIFLES OR SHOTGUNS, AS DEFINED IN 18 U.S.C. §
921 (A)(3);
(X) FOR THE PURPOSES OF CIVILIAN INVESTIGATION OR EVALUATION OF A
CIVILIAN COMPLAINT OR CIVIL ACTION CONCERNING LAW ENFORCEMENT OR PROSE-
CUTION ACTIONS, UPON EX PARTE MOTION IN ANY SUPERIOR COURT, OR IN ANY
DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE CITY OF NEW YORK
PROVIDED THAT SUCH COURT SEALED THE RECORD; THE APPLICANT MUST DEMON-
STRATE TO THE SATISFACTION OF THE COURT THAT THE RECORDS WILL BE USED
FOR THE PURPOSES OF THIS SUBPARAGRAPH;
(XI) FOR INFORMATION PROVIDED TO AN INDIVIDUAL OR ENTITY PURSUANT TO
PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN
OF THE EXECUTIVE LAW OR FOR BONA FIDE RESEARCH PURPOSES PROVIDED ALL
IDENTIFYING INFORMATION IS REMOVED;
(XII) WHEN AN INDIVIDUAL SEEKS TO AVAIL THEMSELVES OF A PUBLIC PROGRAM
OR BENEFIT, INCLUDING BUT NOT LIMITED TO AN IMMIGRATION BENEFIT, FOR
WHICH THE SEALED RECORDS OF CONVICTION OF A THIRD PARTY ARE INTEGRAL TO
THEIR APPLICATION FOR SUCH PROGRAM OR BENEFIT. IN SUCH INSTANCES, THE
INDIVIDUAL OR THEIR ATTORNEY SHALL REQUEST THE USE OF SEALED RECORDS
PURSUANT TO A FORM AS PRESCRIBED IN SUBDIVISION TWENTY-THREE OF SECTION
EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW;
(XIII) FOR THE PURPOSE OF COLLECTION OF RESTITUTION ORDERED PURSUANT
TO SECTION 60.27 OF THE PENAL LAW. IN SUCH INSTANCES, USE OF SEALED
RECORDS SHALL BE REQUESTED UPON EX PARTE MOTION IN ANY SUPERIOR COURT,
OR IN ANY DISTRICT COURT, CITY COURT OR CRIMINAL COURT OF THE CITY OF
NEW YORK PROVIDED THAT SUCH COURT IS WHERE THE ACTION IS PENDING. THE
APPLICANT MUST DEMONSTRATE TO THE SATISFACTION OF THE COURT THAT THE
RECORDS WILL BE USED FOR THE PURPOSE OF THIS SUBPARAGRAPH; AND
(XIV) TRANSPORTATION NETWORK COMPANIES THAT ARE REQUIRED OR AUTHORIZED
BY STATE LAW TO REQUEST CRIMINAL HISTORY INFORMATION PURSUANT TO SECTION
SIXTEEN HUNDRED NINETY-NINE OF THE VEHICLE AND TRAFFIC LAW.
A. 6399--C 4
(E) WHERE THE SEALING REQUIRED BY THIS PARAGRAPH HAS NOT TAKEN PLACE,
OR WHERE SUPPORTING COURT RECORDS CANNOT BE LOCATED OR HAVE BEEN
DESTROYED, AND A DEFENDANT OR THEIR ATTORNEY SUBMITS NOTIFICATION OF
SUCH FACT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, AS PRESCRIBED IN
SUBDIVISION TWENTY-THREE OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE
EXECUTIVE LAW, WITHIN THIRTY DAYS OF SUCH NOTICE TO THE DIVISION, THE
CONVICTION SHALL BE SEALED AS SET FORTH IN THIS SUBDIVISION.
2. IN CALCULATING THE TIME PERIODS UNDER THIS SECTION, ANY PERIOD OF
TIME DURING WHICH THE DEFENDANT WAS INCARCERATED ON A DETERMINATE OR
INDETERMINATE SENTENCE FOR A PERIOD OF AT LEAST ONE YEAR SHALL BE
EXCLUDED AND SUCH TIME PERIOD SHALL BE EXTENDED BY A PERIOD EQUAL TO THE
TIME SERVED UNDER SUCH INCARCERATION. THIS PERIOD SHALL BE CALCULATED
FROM THE ORIGINAL SENTENCING DATE, NOTWITHSTANDING ANY MODIFICATION OR
VACATUR OF THE ORIGINAL JUDGMENT OR SENTENCE.
3. WHERE A CONVICTION IS ELIGIBLE FOR SEALING PURSUANT TO THIS SECTION
BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION-
ER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMMEDIATELY NOTIFY
THE OFFICE OF COURT ADMINISTRATION, THE COURT OF CONVICTION AND THE
HEADS OF ALL APPROPRIATE POLICE DEPARTMENTS, PROSECUTORS' OFFICES AND
LAW ENFORCEMENT AGENCIES THAT THE CONVICTION IS SEALED. UPON RECEIPT OF
SUCH NOTIFICATION, RECORDS OF OR RELATING TO SUCH CONVICTION SHALL BE
IMMEDIATELY SEALED PURSUANT TO THIS SECTION. WHERE CONVICTION RECORDS
ARE SEALED PURSUANT TO SECTION 160.50 OR 160.59 OF THIS ARTICLE, THE
REQUIREMENTS OF SUCH SECTIONS SHALL APPLY.
(A) ANY SUCH ENTITY THAT POSSESSES INFORMATION, RECORDS, DOCUMENTS OR
PAPERS RELATED TO THE ELIGIBLE CONVICTION SHALL SEAL THEM AS FOLLOWS:
(I) EVERY PHOTOGRAPH OF SUCH DEFENDANT AND PHOTOGRAPHIC PLATES OR
PROOF, AND ALL PALMPRINTS, FINGERPRINTS AND RETINA SCANS TAKEN OR MADE
OF SUCH INDIVIDUAL PURSUANT TO THE PROVISIONS OF THIS ARTICLE IN REGARD
TO THE ELIGIBLE CONVICTION, AND ALL DUPLICATES, REPRODUCTIONS, AND
COPIES THEREOF, EXCEPT A DIGITAL FINGERPRINT THAT IS ON FILE WITH THE
DIVISION OF CRIMINAL JUSTICE SERVICES FOR A CONVICTION THAT HAS NOT BEEN
SEALED PURSUANT TO THIS SECTION SHALL BE MARKED AS SEALED BY THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES AND BY ANY POLICE DEPARTMENT,
PROSECUTOR'S OFFICE OR LAW ENFORCEMENT AGENCY HAVING ANY SUCH PHOTO-
GRAPH, PHOTOGRAPHIC PLATE OR PROOF, PALMPRINT, FINGERPRINTS OR RETINA
SCAN IN ITS POSSESSION OR UNDER ITS CONTROL BY CONSPICUOUSLY INDICATING
ON THE FACE OF THE RECORD OR AT THE BEGINNING OF THE DIGITIZED FILE OF
THE RECORD THAT THE RECORD HAS BEEN DESIGNATED AS SEALED. WHERE FINGER-
PRINTS 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 REMAIN UNSEALED, PROVIDED
THAT A FINGERPRINT CARD OF THE INDIVIDUAL IS ON FILE WITH THE DIVISION
WHICH WAS NOT SEALED PURSUANT TO THIS SECTION.
(II) EVERY OFFICIAL RECORD AND PAPER AND DUPLICATES AND COPIES THERE-
OF, INCLUDING, BUT NOT LIMITED TO, JUDGMENTS AND ORDERS OF A COURT BUT
NOT INCLUDING PUBLISHED COURT DECISIONS OR OPINIONS OR RECORDS AND
BRIEFS ON APPEAL, RELATING TO THE CONVICTION, ON FILE WITH THE AGENCY
SHALL BE MARKED AS SEALED BY CONSPICUOUSLY INDICATING ON THE FACE OF THE
RECORD OR AT THE BEGINNING OF THE DIGITIZED FILE OF THE RECORD THAT THE
RECORD HAS BEEN DESIGNATED AS SEALED.
(B) THIRD-PARTY AGENCIES SHALL SEAL INFORMATION AND ALL RECORDS, DOCU-
MENTS AND PAPERS RELATING TO THE ELIGIBLE CONVICTION AS FOLLOWS:
(I) EVERY 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 OF
A. 6399--C 5
ANY OTHER STATE OR JURISDICTION OUTSIDE OF THIS STATE COPIES OF ANY SUCH
PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS, FINGERPRINTS OR
RETINA SCANS, SHALL FORTHWITH FORMALLY INFORM SUCH AGENCY IN WRITING
THAT THE MATTER HAS BEEN SEALED AND REQUEST IN WRITING THAT ALL SUCH
COPIES BE MARKED AS SEALED BY CONSPICUOUSLY INDICATING ON THE FACE OF
THE RECORD OR AT THE BEGINNING OF THE DIGITIZED FILE OF THE RECORD THAT
THE RECORD HAS BEEN DESIGNATED AS SEALED.
(II) EVERY OFFICIAL RECORD AND PAPER AND DUPLICATES AND COPIES THERE-
OF, INCLUDING, BUT NOT LIMITED TO, JUDGMENTS AND ORDERS OF A COURT BUT
NOT INCLUDING PUBLISHED COURT DECISIONS OR OPINIONS OR RECORDS AND
BRIEFS ON APPEAL, RELATING TO THE CONVICTION, ON FILE WITH THE AGENCY
SHALL BE MARKED AS SEALED BY CONSPICUOUSLY INDICATING ON THE FACE OF THE
RECORD OR AT THE BEGINNING OF THE DIGITIZED FILE OF THE RECORD THAT THE
RECORD HAS BEEN DESIGNATED AS SEALED.
4. (A) NOTHING IN THIS SECTION REQUIRES THE SEALING OR DESTRUCTION OF
DNA INFORMATION MAINTAINED IN THE NEW YORK STATE DNA DATABASE OF SUCH
INDIVIDUAL PURSUANT TO THE PROVISIONS OF THE EXECUTIVE LAW IN REGARD TO
THE ELIGIBLE CONVICTION.
(B) NOTHING IN THIS SECTION REQUIRES THE SEALING OR DESTRUCTION OF
RECORDS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES, AND NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO CONTRAVENE THE VEHICLE AND TRAFFIC
LAW, THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT (18 U.S.C 2721 ET.
SEQ.), THE REAL ID ACT OF 2005 (PUBLIC LAW 109-13; 49 U.S.C. 30301
NOTE), SECTION 7209 OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION
ACT OF 1986 (49 U.S.C. 31311), OR REGULATIONS PROMULGATED PURSUANT TO
ANY SUCH CHAPTER OR ACT.
(C) THE DIVISION OF CRIMINAL JUSTICE SERVICES IS AUTHORIZED TO
DISCLOSE A CONVICTION THAT IS SEALED PURSUANT TO THIS SECTION TO ENTI-
TIES THAT ARE REQUIRED BY FEDERAL LAW, OR BY RULES AND REGULATIONS
PROMULGATED BY A SELF-REGULATORY ORGANIZATION CREATED UNDER FEDERAL LAW,
TO CONSIDER SEALED CONVICTIONS. SUCH ENTITIES MUST CERTIFY TO THE DIVI-
SION THAT THEY ARE REQUIRED BY FEDERAL LAW, OR BY RULES AND REGULATIONS
PROMULGATED BY A SELF-REGULATORY ORGANIZATION THAT HAS BEEN CREATED
UNDER FEDERAL LAW, TO MAKE AN INQUIRY ABOUT OR CONSIDER RECORDS SEALED
PURSUANT TO THIS SECTION FOR PURPOSES OF EMPLOYMENT, LICENSING, OR
CLEARANCE. TO THE EXTENT PERMITTED BY FEDERAL LAW, A RECORD SEALED
PURSUANT TO THIS SECTION MAY NOT BE CONSIDERED A CONVICTION THAT WOULD
PROHIBIT THE EMPLOYMENT, LICENSING OR CLEARANCE OF THE DEFENDANT.
(D) NOTHING IN THIS SECTION SHALL PROHIBIT ENTITIES REQUIRED BY FEDER-
AL LAW, OR BY RULES AND REGULATIONS PROMULGATED BY A SELF-REGULATORY
ORGANIZATION THAT HAS BEEN CREATED UNDER FEDERAL LAW, FROM MAKING AN
INQUIRY ABOUT OR CONSIDERING AN APPLICANT'S CRIMINAL HISTORY FOR
PURPOSES OF EMPLOYMENT, LICENSING, OR CLEARANCE FROM INQUIRING INTO
CONVICTIONS SEALED PURSUANT TO THIS SECTION.
(E) IN ANY CIVIL ACTION, AN OFFICIAL RECORD OF A CONVICTION THAT HAS
BEEN SEALED PURSUANT TO THIS SECTION MAY NOT BE INTRODUCED AS EVIDENCE
OF NEGLIGENCE AGAINST A PERSON OR ENTITY THAT PROVIDED EMPLOYMENT,
CONTRACT LABOR OR SERVICES, VOLUNTEER WORK, LICENSING, TENANCY, A HOME
PURCHASE, A MORTGAGE, AN EDUCATION, A LOAN, OR INSURANCE IF SUCH RECORD
WAS SEALED AND WAS NOT PROVIDED TO THE PERSON OR ENTITY BY OR ON BEHALF
OF A GOVERNMENTAL ENTITY IN ACCORDANCE WITH THIS SECTION IN RESPONSE TO
SUCH PERSON'S OR ENTITY'S AUTHORIZED AND TIMELY REQUEST FOR CONVICTION
HISTORY INFORMATION.
(F) A PERSON OR ENTITY DESCRIBED IN THIS SUBDIVISION, ACTING REASON-
ABLY AND IN GOOD FAITH, MAY NOT HAVE A DUTY TO INVESTIGATE THE FACT OF A
PRIOR CONVICTION THAT HAS BEEN SEALED PURSUANT TO THIS SECTION.
A. 6399--C 6
(G) THE DIVISION OF CRIMINAL JUSTICE SERVICES IS AUTHORIZED TO
DISCLOSE A CONVICTION THAT IS SEALED PURSUANT TO THIS SECTION TO THE
STATE DEPARTMENT OF EDUCATION OFFICE OF PROFESSIONAL DISCIPLINE FOR
PURPOSES OF INVESTIGATING PROFESSIONAL MISCONDUCT AS DEFINED BY SUBPARA-
GRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION SIXTY-FIVE
HUNDRED NINE OF THE EDUCATION LAW. THE OFFICE OF PROFESSIONAL DISCIPLINE
MUST CERTIFIY TO THE DIVISION THAT IT IS INVESTIGATING AN INDIVIDUAL
LICENSED TO PRACTICE A PROFESSION PURSUANT TO ARTICLE ONE HUNDRED THIRTY
OF THE EDUCATION LAW FOR PROFESSIONAL MISCONDUCT AS DEFINED BY SUBPARA-
GRAPH (I) OF PARAGRAPH (A) OF SUBDIVISON FIVE OF SECTION SIXTY-FIVE
HUNDRED NINE OF THE EDUCATION LAW. NOTHING IN THIS SECTION SHALL PROHIB-
IT THE OFFICE OF PROFESSIONAL DISCIPLINE FROM INQUIRING ABOUT OR CONSID-
ERING CONVICTIONS SEALED PURSUANT TO THIS SECTION IN SUCH PROCEEDINGS.
5. NO DEFENDANT 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 A VIOLATION OF THE
LAWS OF THIS STATE. ANY SUCH WAIVER IS VOID AND UNENFORCEABLE.
6. SEALING AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION IS WITH-
OUT PREJUDICE TO A DEFENDANT OR THEIR ATTORNEY SEEKING FURTHER RELIEF
PURSUANT TO SECTION 440.10 OF THIS CHAPTER. NOTHING IN THIS SECTION
SHALL DIMINISH OR ABROGATE ANY RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO
THE DEFENDANT.
7. ALL RECORDS FOR A CONVICTION SUBJECT TO SEALING UNDER THIS SECTION
WHERE THE CONVICTION WAS ENTERED ON OR BEFORE THE EFFECTIVE DATE OF THIS
SECTION SHALL RECEIVE THE APPROPRIATE RELIEF PROMPTLY AND, IN ANY EVENT,
NO LATER THAN TWO YEARS AFTER SUCH EFFECTIVE DATE.
8. A CONVICTION WHICH IS SEALED PURSUANT TO THIS SECTION IS INCLUDED
WITHIN THE DEFINITION OF A CONVICTION FOR THE PURPOSES OF ANY CRIMINAL
PROCEEDING IN WHICH THE FACT OF A PRIOR CONVICTION WOULD ENHANCE A
PENALTY OR IS AN ELEMENT OF THE OFFENSE CHARGED.
9. ANY DEFENDANT CLAIMING TO BE AGGRIEVED BY A VIOLATION OF THIS
SECTION SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF APPROPRIATE JURIS-
DICTION FOR DAMAGES, INCLUDING PUNITIVE DAMAGES, AND SUCH OTHER REMEDIES
AS MAY BE APPROPRIATE. THE PROVISIONS OF THIS ARTICLE SHALL ALSO BE
ENFORCEABLE BY THE DIVISION OF HUMAN RIGHTS PURSUANT TO THE POWERS AND
PROCEDURES SET FORTH IN ARTICLE FIFTEEN OF THE EXECUTIVE LAW.
§ 2. Section 845-d of the executive law is amended by adding new
subdivision 4 to read as follows:
4. NOTHING IN THIS SECTION SHALL AUTHORIZE THE DIVISION TO PROVIDE
CRIMINAL HISTORY INFORMATION THAT IS SEALED PURSUANT TO SECTION 160.57
OF THE CRIMINAL PROCEDURE LAW TO ANY ENTITY OTHER THAN THOSE EXPLICITLY
AUTHORIZED BY THAT SECTION TO RECEIVE OR ACCESS SUCH INFORMATION.
§ 3. Section 837 of the executive law is amended by adding three new
subdivisions 23, 24 and 25 to read as follows:
23. PROMULGATE A STANDARDIZED FORM FOR USE BY INDIVIDUALS TO NOTIFY
THE DIVISION OF CRIMINAL JUSTICE SERVICES OF CONVICTIONS SUBJECT TO
SEALING UNDER SECTION 160.57 OF THE CRIMINAL PROCEDURE LAW, BUT FOR
WHICH THE DIVISION HAS NOT TAKEN THE REQUISITE ACTION FOR RELATED
RECORDS.
24. PROMULGATE A CERTIFICATION PROCESS WHEREBY INDIVIDUALS SEEKING USE
OF SEALED RECORDS PURSUANT TO SUBPARAGRAPH (XII) OF PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION 160.57 OF THE CRIMINAL PROCEDURE LAW MAY
REQUEST AND ACCESS RECORDS.
25. ADOPT, AMEND AND RESCIND SUCH REGULATIONS AS MAY BE NECESSARY TO
EFFECTUATE THE PROVISIONS OF SUBPARAGRAPH (VII) OF PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION 160.57 OF THE CRIMINAL PROCEDURE LAW TO
A. 6399--C 7
DETERMINE ENTITIES AUTHORIZED TO RECEIVE SEALED RECORDS FOR PURPOSES OF
OCCUPATIONS THAT INVOLVE REGULAR AND SUBSTANTIAL UNSUPERVISED OR UNRE-
STRICTED PHYSICAL CONTACT WITH CHILDREN AS DEFINED IN SUBDIVISION ONE OF
SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW, AND
VULNERABLE PERSONS, AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION FOUR
HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW.
§ 4. Subdivision 16 of section 296 of the executive law, as amended by
section 2 of subpart O of part II of chapter 55 of the laws of 2019, 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 an order adjourning the criminal action in contemplation of
dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10
of the criminal procedure law, or 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 160.59 or 160.58 of the criminal procedure law, OR
BY A CONVICTION WHICH IS SEALED PURSUANT TO SECTION 160.57 OF THE CRIMI-
NAL PROCEDURE LAW, EXCEPT WHERE SUCH CONVICTION RECORD IS ACCESSED
PURSUANT TO SUBPARAGRAPH (VI) OR (VII) OF PARAGRAPH (D) OF SUBDIVISION
ONE OF SECTION 160.57 OF THE CRIMINAL PROCEDURE LAW, in connection with
the licensing, housing, employment, including volunteer positions, or
providing of credit or insurance to such individual; 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 individual, as defined in
subdivision two of section 160.50 of the criminal procedure law, or by
an order adjourning the criminal action in contemplation of dismissal,
pursuant to section 170.55 or 170.56, 210.46, 210.47 or 215.10 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 procedure law, or by a conviction which is sealed
pursuant to section 160.58 or 160.59 of the criminal procedure law, OR
BY A CONVICTION WHICH IS SEALED PURSUANT TO SECTION 160.57 OF THE CRIMI-
NAL PROCEDURE LAW, EXCEPT WHERE SUCH CONVICTION RECORD IS ACCESSED
PURSUANT TO SUBPARAGRAPH (VI) OR (VII) OF PARAGRAPH (D) OF SUBDIVISION
ONE OF SECTION 160.57 OF THE CRIMINAL PROCEDURE LAW. An individual
required or requested to provide information in violation of this subdi-
vision may respond as if the arrest, criminal accusation, or disposition
of such arrest or criminal accusation did not occur. The provisions of
this subdivision shall not apply to the licensing activities of govern-
mental 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
A. 6399--C 8
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, OR BY A
CONVICTION WHICH IS SEALED PURSUANT TO SECTION 160.57 OF THE CRIMINAL
PROCEDURE LAW. For purposes of this subdivision, an action which has
been adjourned in contemplation of dismissal, pursuant to section 170.55
or 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, shall
not be considered a pending action, unless the order to adjourn in
contemplation of dismissal is revoked and the case is restored to the
calendar for further prosecution.
§ 5. Section 9 of the correction law, as added by section 2 of part OO
of chapter 56 of the laws of 2010, the section heading as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
§ 9. Access to information of incarcerated individuals via the inter-
net. Notwithstanding any provision of law to the contrary, any informa-
tion relating to the conviction of a person[, except for a person
convicted of an offense that would make such person ineligible for merit
time under section eight hundred three of this chapter or an offense for
which registration as a sex offender is required as set forth in subdi-
vision two or three of section one hundred sixty-eight-a of this chap-
ter,] that is posted on a website maintained by or for the department,
under article six of the public officers law, may be posted on such
website for a period not to exceed [five] THREE years after the expira-
tion of such person's sentence of imprisonment and AT THE CONCLUSION OF
any period of parole or post-release supervision[; provided, however,
that in the case of a person who has been committed to the department on
more than one occasion, the department may post conviction information
relating to any prior commitment on such website for a period not to
exceed five years after the expiration of such person's sentence of
imprisonment and any period of parole or post-release supervision aris-
ing from the most recent commitment to the department].
§ 6. Severability. If any provision of this act or the application
thereof to any person, corporation or circumstances is held invalid,
such invalidity shall not affect other provisions or applications of the
act which can be given effect without the invalid provision or applica-
tion, and to this end the provisions of this act are declared to be
severable.
§ 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law.