S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6399
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, the executive  law  and  the
   correction  law,  in  relation  to  automatic  expungement  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 AND EXPUNGEMENT 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 ONE YEAR.
   (B) CRIMINAL CONVICTIONS FOR MISDEMEANORS AND FELONIES SHALL BE SEALED
 UPON SATISFACTION OF THE FOLLOWING CONDITIONS:
   (I)  AT  LEAST  ONE YEAR HAS PASSED FROM THE IMPOSITION OF SENTENCE ON
 THE DEFENDANT'S MOST RECENT MISDEMEANOR CONVICTION IN THIS STATE AND  AT
 LEAST  THREE  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 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 DEFENDANT IS NOT CURRENTLY REQUIRED  TO  REGISTER  AS  A  SEX
 OFFENDER  PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW AS A RESULT OF
 THIS CONVICTION.
   (C) WHERE A CONVICTION IS ELIGIBLE FOR SEALING PURSUANT TO THIS  PARA-
 GRAPH BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIVI-
 SION 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.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09433-01-1

 A. 6399                             2
 
   (D) RECORDS OF CONVICTIONS SEALED PURSUANT TO THIS PARAGRAPH SHALL NOT
 BE  ACCESSED,  MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY,
 OR USED BY ANY STATE AGENCY COVERED BY SUBDIVISION THREE OF THIS SECTION
 EXCEPT FOR:
   (I) THE DEFENDANT AND SUCH DEFENDANT'S ATTORNEY;
   (II)  ANY  COURT  OR PROSECUTOR FOR THE PURPOSES OF A PENDING CRIMINAL
 ACTION;
   (III) 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;
   (IV)  WHEN  AN  INDIVIDUAL IS A DEFENDANT IN A CRIMINAL ACTION AND THE
 SEALED RECORDS OF CONVICTION OF A  THIRD-PARTY  ARE  INTEGRAL  TO  THEIR
 DEFENSE.  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 THE CRIMINAL COURT OF THE CITY OF NEW YORK PROVIDED THAT
 SUCH COURT IS WHERE THE ACTION IS PENDING.  THE  APPLICANT  MUST  DEMON-
 STRATE  TO  THE  SATISFACTION OF THE COURT THAT THE RECORDS WILL BE USED
 FOR THE PURPOSE OF THIS SUBPARAGRAPH;
   (V) ENTITIES THAT ARE REQUIRED BY LAW TO REQUEST  A  FINGERPRINT-BASED
 CHECK OF CRIMINAL HISTORY INFORMATION;
   (VI)  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 EMPLOY-
 MENT 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 THERE-
 TO;
   (VII) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
 ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE DEFENDANT HAS MADE APPLI-
 CATION FOR SUCH LICENSE;
   (VIII)  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; AND
   (IX) 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.
   (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. A CONVICTION FOR ANY VIOLATION OR TRAFFIC INFRACTION, INCLUDING BUT
 NOT LIMITED TO CONVICTIONS SEALED PURSUANT TO  SECTION  160.55  OF  THIS
 ARTICLE,  OR  ANY  CRIME  DEFINED  IN  THE  LAWS  OF THIS STATE SHALL BE
 EXPUNGED PURSUANT TO SUBDIVISION THREE OF THIS SECTION AS FOLLOWS:
   (A) CONVICTIONS FOR VIOLATIONS AND TRAFFIC INFRACTIONS, INCLUDING  BUT
 NOT  LIMITED  TO  CONVICTIONS  SEALED PURSUANT TO SECTION 160.55 OF THIS
 ARTICLE, SHALL BE EXPUNGED FIVE YEARS AFTER THE DATE OF CONVICTION.

 A. 6399                             3
 
   (B) CRIMINAL CONVICTIONS  FOR  MISDEMEANORS  AND  FELONIES,  INCLUDING
 CONVICTIONS SEALED PURSUANT TO SECTION 160.58 OR 160.59 OF THIS ARTICLE,
 SHALL BE EXPUNGED UPON SATISFACTION OF THE FOLLOWING CONDITIONS:
   (I)  AT  LEAST FIVE YEARS HAVE PASSED SINCE 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 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  DEFENDANT  IS  NOT  CURRENTLY REQUIRED TO REGISTER AS A SEX
 OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW AS A RESULT  OF
 THIS CONVICTION.
   (C) IN CALCULATING THE TIME PERIODS UNDER THIS SUBDIVISION, ANY PERIOD
 OF  TIME  DURING  WHICH THE DEFENDANT WAS INCARCERATED SHALL BE EXCLUDED
 AND SUCH TIME PERIOD SHALL BE EXTENDED BY A PERIOD  EQUAL  TO  THE  TIME
 SERVED UNDER SUCH INCARCERATION.
   3. WHERE A CONVICTION IS ELIGIBLE FOR EXPUNGEMENT PURSUANT TO SUBDIVI-
 SION TWO OF THIS SECTION BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS
 SECTION,  THE  COMMISSIONER 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
 EXPUNGED. UPON RECEIPT OF SUCH NOTIFICATION, RECORDS OF OR  RELATING  TO
 SUCH CONVICTION SHALL BE IMMEDIATELY EXPUNGED.
   (A)  ANY  STATE  AGENCY THAT POSSESSES BIOMETRIC INFORMATION, RECORDS,
 DOCUMENTS OR PAPERS RELATED TO THE  ELIGIBLE  CONVICTION  SHALL  EXPUNGE
 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
 EXPUNGED PURSUANT TO THIS SECTION OR SECTION  160.50  OF  THIS  ARTICLE,
 SHALL  FORTHWITH  BE  DESTROYED  BY  THE  DIVISION  OF  CRIMINAL JUSTICE
 SERVICES AND BY  ANY  POLICE  DEPARTMENT,  PROSECUTOR'S  OFFICE  OR  LAW
 ENFORCEMENT  AGENCY  HAVING  ANY  SUCH PHOTOGRAPH, PHOTOGRAPHIC PLATE OR
 PROOF, PALMPRINT, FINGERPRINTS OR RETINA SCAN IN ITS POSSESSION OR UNDER
 ITS CONTROL. 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 WHICH WAS NOT DESTROYED 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 EXPUNGED 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 EXPUNGED.
   (B) THIRD-PARTY AGENCIES SHALL EXPUNGE BIOMETRIC INFORMATION  AND  ALL
 RECORDS,  DOCUMENTS  AND  PAPERS  RELATING TO THE ELIGIBLE CONVICTION AS
 FOLLOWS:

 A. 6399                             4
 
   (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
 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 EXPUNGED AND REQUEST IN WRITING THAT ALL SUCH
 COPIES BE DESTROYED.
   (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 EXPUNGED 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 EXPUNGED.
   4. EXCEPT AS PROVIDED BELOW, ALL RECORDS, DOCUMENTS AND PAPERS  MARKED
 AS EXPUNGED SHALL NOT BE ACCESSED OR USED BY ANY STATE AGENCY COVERED BY
 SUBDIVISION  THREE  OF  THIS  SECTION.    SUCH  AGENCIES  SHALL NOT MAKE
 EXPUNGED RECORDS AVAILABLE TO ANY INDIVIDUAL OR PUBLIC OR PRIVATE AGENCY
 OR CONFIRM THE EXISTENCE OF SUCH  RECORD.  THIS  SUBDIVISION  SHALL  NOT
 APPLY  TO  INSTANCES  WHERE  ACCESS TO OR USE OF SUCH RECORDS IS SPECIF-
 ICALLY AUTHORIZED BY LAW. EXPUNGED RECORDS SHALL BE MADE AVAILABLE:
   (A) TO THE DEFENDANT OR THEIR ATTORNEY;
   (B) TO THE COURT  AND  THE  PROSECUTOR  FOR  CHARGING  AND  SENTENCING
 PURPOSES  ONLY IF THE FACT OF A PRIOR CONVICTION WOULD ENHANCE A PENALTY
 OR IS AN ELEMENT OF THE OFFENSE CHARGED. THE PRIOR CONVICTION  SHALL  BE
 MADE  AVAILABLE  TO THE PROSECUTION IF UPON EX PARTE MOTION TO THE COURT
 THE PROSECUTOR DEMONSTRATES THAT THE FACT OF A PRIOR  CONVICTION  IS  AN
 ELEMENT OF THE OFFENSE CHARGED;
   (C)  TO  THE  COURT AND THE PROSECUTOR FOR CASES IN WHICH AN APPEAL IS
 PENDING;
   (D) TO THE COURT, PROSECUTOR, AND DEFENSE  COUNSEL  IF  THE  DEFENDANT
 BECOMES  A  WITNESS  IN  A  CRIMINAL  PROCEEDING, OR TO THE CLAIMANT AND
 RESPONDENT IF THE DEFENDANT BECOMES A WITNESS IN A CIVIL PROCEEDING;
   (E) WHEN AN INDIVIDUAL IS A DEFENDANT IN A  CRIMINAL  ACTION  AND  THE
 EXPUNGED  RECORDS  OF  CONVICTION OF A THIRD-PARTY ARE INTEGRAL TO THEIR
 DEFENSE. IN SUCH INSTANCES, USE OF  EXPUNGED  RECORDS  IN  THE  CRIMINAL
 ACTION 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 MATTER  IS  PENDING.  THE
 APPLICANT  MUST  DEMONSTRATE  TO  THE SATISFACTION OF THE COURT THAT THE
 RECORDS WILL BE USED FOR THE PURPOSES OF THIS SUBPARAGRAPH;
   (F) TO THE PROSECUTOR AND DEFENSE COUNSEL FOR PURPOSES OF MEETING  THE
 REQUIREMENTS OF ARTICLE TWO HUNDRED FORTY-FIVE OF THIS CHAPTER;
   (G)  TO  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR
 THE ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE  DEFENDANT  HAS  MADE
 APPLICATION FOR SUCH A LICENSE; OR
   (H)  TO  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 INDIVIDUAL
 WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE  OFFICER
 SHALL  BE FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER THIS PARA-
 GRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERETO;
   (I) FOR THE PURPOSES OF CIVILIAN  INVESTIGATION  OR  EVALUATION  OF  A
 CIVILIAN  COMPLAINT OR CIVIL ACTION CONCERNING LAW ENFORCEMENT OR PROSE-

 A. 6399                             5
 
 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 WAS THE COURT OF CONVICTION. THE APPLICANT MUST
 DEMONSTRATE  TO  THE  SATISFACTION OF THE COURT THAT THE RECORDS WILL BE
 USED FOR THE PURPOSES OF THIS SUBPARAGRAPH; AND
   (J) 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.
   5. RECORDS EXPUNGED PURSUANT TO THIS SECTION CANNOT BE USED IN A CRIM-
 INAL  PROSECUTION AGAINST THE INDIVIDUAL UNLESS THEY ARE ACCESSED PURSU-
 ANT TO AND FOR PURPOSES OF PARAGRAPHS (A)  THROUGH  (J)  OF  SUBDIVISION
 FOUR OF THIS SECTION.
   6.  A  CONVICTION WHICH IS EXPUNGED PURSUANT TO THIS SECTION SHALL NOT
 BE INCLUDED WITHIN THE DEFINITION OF A CONVICTION  PURSUANT  TO  SECTION
 1.20  OF  THIS  CHAPTER  FOR  THE  PURPOSES  OF  ANY SUBSEQUENT CRIMINAL
 PROCEEDING, EXCEPT AS SPECIFIED UNDER SUBDIVISION FOUR OF THIS SECTION.
   7. IN SITUATIONS WHERE EXPUNGEMENT AND RECORD DESTRUCTION IS  REQUIRED
 BY  SUBDIVISION  THREE OF THIS SECTION BUT HAS NOT TAKEN PLACE, OR WHERE
 SUPPORTING COURT RECORDS CANNOT BE LOCATED OR HAVE BEEN  DESTROYED,  AND
 AN INDIVIDUAL 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 EXPUNGED AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION.
   8.  NO  DEFENDANT  SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
 FOR SEALING OR EXPUNGEMENT 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 UNEN-
 FORCEABLE.
   9. EXPUNGEMENT AS SET FORTH IN SUBDIVISION THREE OF  THIS  SECTION  IS
 WITHOUT  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.
   10. ALL RECORDS FOR A CONVICTION SUBJECT  TO  SEALING  OR  EXPUNGEMENT
 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 ONE YEAR AFTER SUCH EFFECTIVE
 DATE.
   11. 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. Subdivision 45 of section 1.20 of the criminal procedure law,  as
 added by chapter 131 of the laws of 2019, is amended to read as follows:
   45.  ["Expunge"] "TO EXPUNGE" means AS SET FORTH IN CRIMINAL PROCEDURE
 LAW SECTION 160.50 OR 160.57, TO DESTROY, OR TO MARK AS  EXPUNGED,  SEAL
 AND  NOT  MAKE  AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY, ALL
 RECORDS, INCLUDING ALL OFFICIAL RECORDS AND PAPERS, OF AN ARREST, PROSE-
 CUTION AND/OR DISPOSITION[, where an arrest and any enforcement activity
 connected with that arrest, including prosecution and any disposition in
 any New York state court,  is  deemed  a  nullity  and  the  accused  is
 restored,  in  contemplation  of  the law, to the status such individual

 A. 6399                             6

 occupied before the arrest, prosecution and/or disposition; that records
 of such arrest,  prosecution  and/or  disposition  shall  be  marked  as
 expunged  or  shall  be destroyed as set forth in section 160.50 of this
 chapter].  [Neither  the  arrest  nor prosecution and/or disposition, if
 any, of a matter deemed a nullity shall operate] AN EXPUNGED  CONVICTION
 SHALL  NOT  OPERATE  as a disqualification of any person [so accused] to
 pursue or engage in any lawful activity, occupation, profession or call-
 ing, EXCEPT FOR EMPLOYMENT AS A POLICE OFFICER OR PEACE OFFICER AS THOSE
 TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF  THIS
 SECTION.  Except where specifically required or permitted by statute [or
 upon  specific  authorization of a superior court,] no such person shall
 be required to divulge information pertaining to the arrest, prosecution
 and/or disposition of such a matter.
   § 3. Subdivision 3 of section 845-d of the executive law, as added  by
 section  1 of subpart N of part II of chapter 55 of the laws of 2019, is
 amended to read as follows:
   3. Nothing in this section shall authorize  the  division  to  provide
 criminal  history information that is not otherwise authorized by law or
 that is sealed pursuant to section 160.50,  160.55,  160.57,  160.58  or
 160.59  of  the  criminal  procedure law OR EXPUNGED PURSUANT TO SECTION
 160.57 OF THE CRIMINAL PROCEDURE LAW.
   § 4. Section 837 of the executive law  is  amended  by  adding  a  new
 subdivision 23 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  OR  EXPUNGEMENT  UNDER SECTION 160.57 OF THE CRIMINAL PROCEDURE
 LAW, BUT FOR WHICH THE DIVISION HAS NOT TAKEN THE REQUISITE  ACTION  FOR
 RELATED RECORDS.
   § 5. 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 OR EXPUNGED PURSUANT TO  SECTION  160.57
 OF  THE  CRIMINAL PROCEDURE LAW, in connection with the licensing, hous-
 ing, 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 proceed-
 ing in favor of such  individual,  as  defined  in  subdivision  two  of
 section  160.50 of the criminal procedure law, or by an order adjourning

 A. 6399                             7
 
 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 proce-
 dure 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 OR EXPUNGED PURSUANT TO SECTION 160.57 OF THE CRIMINAL  PROCEDURE
 LAW.  An  individual  required  or  requested  to provide information in
 violation of this subdivision 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 licens-
 ing  activities  of governmental 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 subdivisions thirty-three and thirty-four of section 1.20 of
 the criminal procedure law; provided further that the provisions of this
 subdivision shall not apply to an application for employment or  member-
 ship  in any law enforcement agency with respect to any arrest or crimi-
 nal accusation which was followed 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 160.58 or 160.59 of the criminal procedure law, OR
 BY A CONVICTION WHICH IS SEALED OR EXPUNGED 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.
   § 6. Section 9 of the correction law, as added by section 2 of part OO
 of chapter 56 of the laws of 2010, is amended to read as follows:
   § 9. Access to inmate information via  the  internet.  Notwithstanding
 any  provision  of  law to the contrary, any information 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 subdivision two  or  three
 of section one hundred sixty-eight-a of this chapter,] 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 expiration 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 commit-
 ment 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 arising from the most recent  commit-
 ment to the department].
   § 7. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6399--A
 
                        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, BARRON, JACKSON, SEAWRIGHT,  SIMON,
   DICKENS,  HYNDMAN,  EPSTEIN,  FORREST, ANDERSON, SILLITTI, DE LA ROSA,
   KELLES, GOTTFRIED, BURDICK, GALLAGHER, CARROLL, SEPTIMO, L. ROSENTHAL,
   RICHARDSON, ZINERMAN, REYES, NIOU, HEVESI, DARLING, AUBRY, MITAYNES --
   read once  and  referred  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, 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:
   (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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09433-04-1

 A. 6399--A                          2
 
   (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 PARA-
 GRAPH BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIVI-
 SION 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 PARAGRAPH SHALL NOT
 BE ACCESSED, MADE AVAILABLE TO ANY PERSON OR PUBLIC OR  PRIVATE  AGENCY,
 OR USED BY ANY STATE AGENCY COVERED BY SUBDIVISION THREE OF THIS SECTION
 EXCEPT FOR:
   (I) THE DEFENDANT AND SUCH DEFENDANT'S ATTORNEY;
   (II)  ANY  COURT  OR PROSECUTOR FOR THE PURPOSES OF A PENDING CRIMINAL
 ACTION;
   (III) 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;
   (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  ACTION  AND  THE
 SEALED  RECORDS  OF  CONVICTION  OF  A THIRD-PARTY ARE INTEGRAL TO THEIR
 DEFENSE. 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 THE CRIMINAL COURT OF THE CITY OF NEW YORK  PROVIDED  THAT
 SUCH  COURT  IS  WHERE  THE ACTION IS PENDING. THE APPLICANT MUST DEMON-
 STRATE 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 A
 FINGERPRINT-BASED  CHECK  OF  CRIMINAL  HISTORY  INFORMATION,  PROVIDED,
 HOWEVER,  THAT  EVERY  PERSON WHOSE INFORMATION IS RETRIEVED PURSUANT TO
 THIS PARAGRAPH SHALL BE FURNISHED WITH A COPY OF  SUCH  INFORMATION  AND
 AFFORDED  AN  OPPORTUNITY  TO  EXPLAIN OR CONTEST THE INFORMATION TO THE
 ENTITY;
   (VII) 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 EMPLOY-
 MENT 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 THERE-
 TO;
   (VIII) ANY FEDERAL, STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBIL-
 ITY  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);
   (IX)  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

 A. 6399--A                          3
 
 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; AND
   (X)  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.
   (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 SHALL BE  EXCLUDED  AND
 SUCH  TIME PERIOD SHALL BE EXTENDED BY A PERIOD EQUAL TO THE TIME SERVED
 UNDER SUCH INCARCERATION.
   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.
   (A) ANY STATE AGENCY 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 OR SECTION 160.50 OF THIS ARTICLE, SHALL
 FORTHWITH  BE DESTROYED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND
 BY ANY POLICE DEPARTMENT, PROSECUTOR'S OFFICE OR LAW ENFORCEMENT  AGENCY
 HAVING  ANY  SUCH  PHOTOGRAPH,  PHOTOGRAPHIC  PLATE OR PROOF, PALMPRINT,
 FINGERPRINTS OR RETINA SCAN IN ITS  POSSESSION  OR  UNDER  ITS  CONTROL.
 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 WHICH WAS NOT DESTROYED 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-

 A. 6399--A                          4
 
 SMITTED  OR OTHERWISE FORWARDED TO ANY AGENCY OF THE UNITED STATES OR OF
 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 DESTROYED.
   (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 DESTRUCTION OF DNA  INFOR-
 MATION  MAINTAINED IN THE NEW YORK STATE DNA DATABASE OF SUCH INDIVIDUAL
 PURSUANT TO THE PROVISIONS OF THE EXECUTIVE LAW IN REGARD TO THE  ELIGI-
 BLE 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.),  OR  THE  COMMERCIAL  MOTOR VEHICLE SAFETY ACT OF 1986 (49 U.S.C.
 31311).
   (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.
   5.  NO  DEFENDANT  SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
 FOR SEALING PURSUANT TO THIS SECTION  AS  PART  OF  A  PLEA  OF  GUILTY,

 A. 6399--A                          5
 
 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. Subdivision 3 of section 845-d of the executive law, as added  by
 section  1 of subpart N of part II of chapter 55 of the laws of 2019, is
 amended to read as follows:
   3. Nothing in this section shall authorize  the  division  to  provide
 criminal  history information that is not otherwise authorized by law or
 that is sealed pursuant to section 160.50,  160.55,  160.57,  160.58  or
 160.59 of the criminal procedure law.
   §  3.  Section  837  of  the  executive law is amended by adding a new
 subdivision 23 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.
   § 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,  in connection with the licensing, housing, employ-

 A. 6399--A                          6

 ment, 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 CRIMINAL PROCEDURE LAW. An individual required  or
 requested  to  provide  information in violation of this subdivision 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  governmental
 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 subdivisions
 thirty-three and thirty-four of section 1.20 of the  criminal  procedure
 law;  provided further that the provisions of this subdivision shall not
 apply to an application for employment or membership in any law enforce-
 ment 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 proce-
 dure  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 contem-
 plation 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, is amended to read as follows:
   § 9. Access to inmate information via  the  internet.  Notwithstanding
 any  provision  of  law to the contrary, any information 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 subdivision two  or  three
 of section one hundred sixty-eight-a of this chapter,] 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 expiration 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 commit-
 ment 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

 A. 6399--A                          7

 parole or post-release supervision arising from the most recent  commit-
 ment 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6399--B
 
                        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,  RICHARDSON,  ZINERMAN,
   REYES,  NIOU,  HEVESI,  DARLING,  AUBRY,  MITAYNES,  WEPRIN,   LAVINE,
   O'DONNELL, JOYNER, SOLAGES, BICHOTTE HERMELYN, JEAN-PIERRE, KIM, HUNT-
   ER,  CLARK,  J. D. RIVERA, BRONSON, PERRY -- 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
 
 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:
   (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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09433-08-1
              

 A. 6399--B                          2
 
   (II)  THE  DEFENDANT  DOES  NOT HAVE A 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 PARA-
 GRAPH BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIVI-
 SION 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 PARAGRAPH SHALL NOT
 BE ACCESSED, MADE AVAILABLE TO ANY PERSON OR PUBLIC OR  PRIVATE  AGENCY,
 OR USED BY ANY STATE AGENCY COVERED BY SUBDIVISION THREE OF THIS SECTION
 EXCEPT FOR:
   (I) THE DEFENDANT AND SUCH DEFENDANT'S ATTORNEY;
   (II)  ANY  COURT  OR PROSECUTOR FOR THE PURPOSES OF A PENDING CRIMINAL
 ACTION;
   (III) 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;
   (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  ACTION  AND  THE
 SEALED  RECORDS  OF  CONVICTION  OF  A THIRD-PARTY ARE INTEGRAL TO THEIR
 DEFENSE. 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 THE CRIMINAL COURT OF THE CITY OF NEW YORK  PROVIDED  THAT
 SUCH  COURT  IS  WHERE  THE ACTION IS PENDING. THE APPLICANT MUST DEMON-
 STRATE 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 A
 FINGERPRINT-BASED  CHECK  OF  CRIMINAL  HISTORY  INFORMATION,  PROVIDED,
 HOWEVER,  THAT  EVERY  PERSON WHOSE INFORMATION IS RETRIEVED PURSUANT TO
 THIS PARAGRAPH SHALL BE FURNISHED WITH A COPY OF  SUCH  INFORMATION  AND
 AFFORDED  AN  OPPORTUNITY  TO  EXPLAIN OR CONTEST THE INFORMATION TO THE
 ENTITY;
   (VII) 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 EMPLOY-
 MENT 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 THERE-
 TO;
   (VIII) ANY FEDERAL, STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBIL-
 ITY  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
 A. 6399--B                          3
 
 POSSESSION OF FIREARMS, RIFLES OR SHOTGUNS, AS DEFINED IN  18  U.S.C.  §
 921 (A)(3);
   (IX)  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; AND
   (X) 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.
   (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 SHALL BE EXCLUDED AND
 SUCH TIME PERIOD SHALL BE EXTENDED BY A PERIOD EQUAL TO THE TIME  SERVED
 UNDER SUCH INCARCERATION.
   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.
   (A) ANY STATE AGENCY 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
 A. 6399--B                          4
 
 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
 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 DESTRUCTION OF DNA INFOR-
 MATION MAINTAINED IN THE NEW YORK STATE DNA DATABASE OF SUCH  INDIVIDUAL
 PURSUANT  TO THE PROVISIONS OF THE EXECUTIVE LAW IN REGARD TO THE ELIGI-
 BLE 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.), OR THE COMMERCIAL MOTOR VEHICLE SAFETY ACT  OF  1986  (49  U.S.C.
 31311).
   (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
 A. 6399--B                          5
 
 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.
   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. Subdivision 3 of section 845-d of the executive law, as added by
 section 1 of subpart N of part II of chapter 55 of the laws of 2019,  is
 amended to read as follows:
   3.  Nothing  in  this  section shall authorize the division to provide
 criminal history information that is not otherwise authorized by law  or
 that  is  sealed  pursuant  to section 160.50, 160.55, 160.57, 160.58 or
 160.59 of the criminal procedure law.
   § 3. Section 837 of the executive law  is  amended  by  adding  a  new
 subdivision 23 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.
   § 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
 A. 6399--B                          6
 
 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, in connection with the  licensing,  housing,  employ-
 ment, 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 CRIMINAL PROCEDURE LAW. An individual required  or
 requested  to  provide  information in violation of this subdivision 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  governmental
 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 subdivisions
 thirty-three and thirty-four of section 1.20 of the  criminal  procedure
 law;  provided further that the provisions of this subdivision shall not
 apply to an application for employment or membership in any law enforce-
 ment 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 proce-
 dure  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 contem-
 plation 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-
 A. 6399--B                          7

 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.