S T A T E O F N E W Y O R K
________________________________________________________________________
2232
2023-2024 Regular Sessions
I N A S S E M B L Y
January 25, 2023
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to sealing of
dismissals and violations that are more than twenty years old
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 160.50 of the criminal procedure
law, as amended by chapter 905 of the laws of 1977 and as renumbered by
chapter 142 of the laws of 1991, is amended to read as follows:
4. A person in whose favor a criminal action or proceeding was termi-
nated, as defined in [paragraph] PARAGRAPHS (a) through (h), (K) OR (L)
of subdivision [two] THREE of this section, prior to the effective date
of [this section, may upon motion apply to the court in which such
termination occurred, upon not less than twenty days notice to the
district attorney, for an order granting to such person the relief set
forth in subdivision one of this section, and such order shall be grant-
ed unless the district attorney demonstrates to the satisfaction of the
court that the interests of justice require otherwise. A person in whose
favor a criminal action or proceeding was terminated, as defined in
paragraph (i) or (j) of subdivision two of this section, prior to the
effective date of this section, may apply to the appropriate prosecutor
or police agency for a certification as described in said paragraph (i)
or (j) granting to such person the relief set forth therein, and such
certification shall be granted by such prosecutor or police agency] THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-THREE WHICH AMENDED THIS
SUBDIVISION, AND WHOSE RECORDS HAVE NOT BEEN SEALED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION, MAY APPLY TO HAVE THE RECORDS OF SUCH CRIMINAL
ACTION OR PROCEEDING SEALED AT THE CLERK'S OFFICE FOR THE COURT IN WHICH
THE CRIMINAL ACTION OR PROCEEDING WAS TERMINATED. APPLICATION MAY BE
MADE BY THE PERSON OR BY HIS OR HER ATTORNEY. UPON A DETERMINATION BY
THE CLERK THAT THE ACTION OR PROCEEDING WAS TERMINATED IN THE PERSON'S
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03335-01-3
A. 2232 2
FAVOR AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, THE CLERK OF THE
COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER AND THE HEADS OF ALL
APPROPRIATE POLICE DEPARTMENTS AND OTHER LAW ENFORCEMENT AGENCIES THAT
THE ACTION HAS BEEN TERMINATED IN FAVOR OF THE ACCUSED AND THAT THE
RECORD OF SUCH ACTION OR PROCEEDING SHALL BE SEALED. UPON RECEIPT OF
NOTIFICATION OF SUCH TERMINATION AND SEALING, ALL RECORDS RELATING TO
THE CRIMINAL ACTION SHALL BE SEALED, AS REQUIRED UNDER PARAGRAPH (C) OF
SUBDIVISION ONE OF THIS SECTION, AND ALL PHOTOGRAPHS, PHOTOGRAPHIC
PLATES OR PROOFS, PALM PRINTS AND FINGERPRINTS SHALL BE DESTROYED OR
RETURNED AS SPECIFIED IN PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF
THIS SECTION.
§ 2. Subdivision 3 of section 160.55 of the criminal procedure law, as
amended by chapter 23 of the laws of 2021, is amended to read as
follows:
3. A person against whom a criminal action or proceeding was termi-
nated by such person's conviction of a traffic infraction or violation
other than the violation of operating a motor vehicle while ability
impaired as described in subdivision one of section eleven hundred nine-
ty-two of the vehicle and traffic law, prior to the effective date of
[this section, may upon motion apply to the court in which such termi-
nation occurred, upon not less than twenty days notice to the district
attorney, for an order granting to such person the relief set forth in
subdivision one of this section, and such order shall be granted unless
the district attorney demonstrates to the satisfaction of the court that
the interests of justice require otherwise] THE CHAPTER OF THE LAWS OF
TWO THOUSAND TWENTY-THREE WHICH AMENDED THIS SUBDIVISION, AND WHOSE
RECORDS HAVE NOT BEEN SEALED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, MAY APPLY TO HAVE THE RECORDS OF SUCH CRIMINAL ACTION OR
PROCEEDING SEALED AT THE CLERK'S OFFICE FOR THE COURT IN WHICH THE CRIM-
INAL ACTION OR PROCEEDING WAS TERMINATED. APPLICATION MAY BE MADE BY THE
DEFENDANT OR BY HIS OR HER ATTORNEY. UPON A DETERMINATION BY THE CLERK
THAT THE COURT DID NOT FIND THAT THE INTERESTS OF JUSTICE REQUIRED THAT
THE CASE NOT BE SEALED, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION,
THE CLERK OF THE COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES AND THE HEADS OF ALL APPROPRIATE
POLICE DEPARTMENTS AND OTHER LAW ENFORCEMENT AGENCIES THAT THE RECORD OF
SUCH ACTION OR PROCEEDING SHALL BE SEALED. UPON RECEIPT OF NOTIFICATION
OF SUCH TERMINATION AND SEALING, ALL RECORDS RELATING TO THE CRIMINAL
ACTION SHALL BE SEALED, AS REQUIRED UNDER PARAGRAPH (C) OF SUBDIVISION
ONE OF THIS SECTION, AND ALL PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS,
PALM PRINTS AND FINGERPRINTS SHALL BE DESTROYED OR RETURNED AS SPECIFIED
IN PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS SECTION. THIS
SUBDIVISION SHALL NOT APPLY TO CASES IN WHICH THE COURT DECLINED TO SEAL
FOR REASONS STATED ON THE RECORD, PURSUANT TO SUBDIVISION ONE OF THIS
SECTION. WHEN AN APPLICANT UNDER THIS SUBDIVISION PRESENTS TO THE COURT
CLERK FINGERPRINT RECORDS FROM THE NEW YORK STATE DIVISION OF CRIMINAL
JUSTICE SERVICES OR A COURT DISPOSITION WHICH INDICATE THAT A CRIMINAL
ACTION OR PROCEEDING AGAINST THE APPLICANT RESULTED IN A SEALABLE
CONVICTION, BUT SUPPORTING COURT RECORDS CANNOT BE LOCATED, HAVE BEEN
DESTROYED, OR DO NOT INDICATE WHETHER THE COURT ORDERED THAT THE CASE
NOT BE SEALED, THE CLERK OF THE COURT WHEREIN SUCH CRIMINAL ACTION OR
PROCEEDING WAS TERMINATED SHALL PROCEED AS IF THE MATTER HAD BEEN SO
TERMINATED.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.