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Senate Bill S5518A

2021-2022 Legislative Session

Creates the office of expungement

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Archive: Last Bill Status - In Senate Committee Finance Committee

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Bill Amendments

co-Sponsors

2021-S5518 - Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2023-2024: S2194
2025-2026: S4565

2021-S5518 - Summary

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

2021-S5518 - Sponsor Memo

2021-S5518 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5518
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced by Sens. BAILEY, MYRIE -- read twice and ordered printed, and
   when printed to be committed to the Committee 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

co-Sponsors

2021-S5518A (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2023-2024: S2194
2025-2026: S4565

2021-S5518A (ACTIVE) - Summary

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

2021-S5518A (ACTIVE) - Sponsor Memo

2021-S5518A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5518--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced  by  Sens.  BAILEY,  MYRIE, JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   recommitted to the Committee on Codes in accordance with  Senate  Rule
   6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10418-02-2

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