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Assembly Bill A7440

2021-2022 Legislative Session

Creates the office of expungement

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Archive: Last Bill Status - In Assembly Committee

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2021-A7440 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2023-2024: A1607
2025-2026: A6906

2021-A7440 (ACTIVE) - Summary

Creates the office of expungement within the department of criminal justice services to oversee the sealing and expungement of certain convictions.

2021-A7440 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7440
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to  amend  the  executive  law, in relation to establishing the
   office of expungement within the division of criminal justice services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 837-w
 to read as follows:
   § 837-W. OFFICE  OF  EXPUNGEMENT.  1.  DEFINITIONS.  AS  USED  IN  THE
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ELIGIBLE CONVICTION" SHALL MEAN A CONVICTION WHICH IS ELIGIBLE TO
 BE  SEALED  AND/OR EXPUNGED UNDER SECTION 160.50, 160.55, 160.57, 160.58
 OR 160.59 OF THE CRIMINAL PROCEDURE LAW.
   (B) "OFFICE" SHALL MEAN THE OFFICE OF EXPUNGEMENT  AS  ESTABLISHED  BY
 THIS SECTION.
   2.  ESTABLISHMENT  OF  OFFICE.  THERE IS HEREBY ESTABLISHED WITHIN THE
 DIVISION OF CRIMINAL JUSTICE SERVICES THE OFFICE  OF  EXPUNGEMENT  WHICH
 SHALL   OVERSEE   THE   SEALING   AND/OR  EXPUNGEMENT  OF  ALL  ELIGIBLE
 CONVICTIONS.
   3. DUTIES AND RESPONSIBILITIES. THE OFFICE SHALL:
   (A) INFORM THE DEFENDANT AND SUCH DEFENDANT'S ATTORNEY THAT AN  ELIGI-
 BLE CONVICTION CAN BE SEALED AND/OR EXPUNGED;
   (B)  ENSURE  ALL ELIGIBLE CONVICTIONS ARE SEALED AND/OR EXPUNGED ACCU-
 RATELY AND IN A TIMELY MANNER;
   (C) ACT AS AN ADVOCATE FOR THOSE WITH ELIGIBLE CONVICTIONS TO GET SUCH
 CONVICTIONS SEALED AND/OR EXPUNGED;
   (D) ADVISE THE GOVERNOR AND THE LEGISLATURE ON THE  IMPACT  OF  HAVING
 ELIGIBLE CONVICTIONS SEALED AND/OR EXPUNGED; AND
   (E)  DEVELOP  STANDARDS,  GUIDELINES,  AND BEST PRACTICES FOR ENSURING
 ACCURATE AND TIMELY SEALING AND/OR EXPUNGEMENT OF ELIGIBLE CONVICTIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10418-01-1

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