The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1029--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
   MAMDANI, WALKER, JACKSON, SEAWRIGHT, SIMON, DICKENS, HYNDMAN, EPSTEIN,
   ANDERSON, KELLES, BURDICK, GALLAGHER, CARROLL, SEPTIMO,  L. ROSENTHAL,
   ZINERMAN,  REYES,  HEVESI,  DARLING,  AUBRY, MITAYNES, WEPRIN, LAVINE,
   JOYNER, BICHOTTE HERMELYN, JEAN-PIERRE, KIM,  HUNTER,  CLARK,  RIVERA,
   BRONSON,  GIBBS,  DE LOS SANTOS,  DAVILA,  TAYLOR,  COOK, VANEL, FAHY,
   TAPIA, CUNNINGHAM, GLICK, LUCAS,  CHANDLER-WATERMAN,  DINOWITZ,  OTIS,
   ARDILA,  BORES,  O'DONNELL,  RAGA, SHRESTHA, SHIMSKY, SIMONE, ALVAREZ,
   LEVENBERG, FORREST, ZACCARO, McDONALD, LEE, SOLAGES, STIRPE --  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
 
 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; IN  CALCULATING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01987-04-3

 A. 1029--A                          2
 
 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 INCAR-
 CERATION  WITH SUCH PERIOD BEING CALCULATED FROM THE ORIGINAL SENTENCING
 DATE, NOTWITHSTANDING ANY MODIFICATION OR VACATUR OF THE ORIGINAL  JUDG-
 MENT,  CONVICTION,  OR  SENTENCE  AND  THE  ENTRY  OF  THE NEW JUDGMENT,
 CONVICTION, OR SENTENCE;
   (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;
   (IV) THE CONVICTION IS NOT  DEFINED  AS  A  SEX  OFFENSE  OR  SEXUALLY
 VIOLENT   OFFENSE   UNDER  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THE
 CORRECTION LAW; AND
   (V) THE DEFENDANT IS A NATURAL PERSON.
   (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, PROSECUTOR'S OFFICES,
 AND LAW ENFORCEMENT AGENCIES 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
 CORRECTION 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,
 INCLUDING THE STATE EDUCATION  DEPARTMENT  OFFICE  OF  SCHOOL  PERSONNEL
 REVIEW  AND  ACCOUNTABILITY  FOR THE PURPOSES OF SECTIONS THREE THOUSAND
 FOUR-B, THREE THOUSAND ONE-D, AND  THREE  THOUSAND  THIRTY-FIVE  OF  THE
 EDUCATION  LAW,  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 TWEN-
 A. 1029--A                          3
 
 TY-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. PROVIDED FURTHER, THAT
 NOTHING HEREIN SHALL PROHIBIT  THE  COMMISSIONER  OF  EDUCATION  OR  THE
 OFFICE  OF  SCHOOL PERSONNEL REVIEW AND ACCOUNTABILITY FROM RECEIVING OR
 USING CONVICTIONS SEALED PURSUANT TO THIS SECTION FOR PURPOSES OF SUBDI-
 VISIONS SEVEN, SEVEN-A AND SEVEN-B OF SECTION THREE HUNDRED FIVE OF  THE
 EDUCATION LAW;
   (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
 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
 A. 1029--A                          4
 
 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;
   (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; AND
   (XV) THE STATE EDUCATION DEPARTMENT FOR THE PURPOSES OF:
   (1)  INVESTIGATING  PROFESSIONAL MISCONDUCT AS DEFINED IN SUBPARAGRAPH
 (I) OF PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION  SIXTY-FIVE  HUNDRED
 NINE  OF  THE  EDUCATION  LAW, CONSIDERATION OF RESTORATION OF A PROFES-
 SIONAL LICENSE PURSUANT TO SECTION  SIXTY-FIVE  HUNDRED  ELEVEN  OF  THE
 EDUCATION  LAW,  OR  DETERMINATIONS  FOR ISSUING A LICENSE TO PRACTICE A
 PROFESSION OR ISSUING CERTIFICATES AND PRIVILEGES FOR WHICH PRIOR LICEN-
 SURE IS REQUIRED, FOR THE PROFESSIONS OF MEDICINE, PHYSICIAN  ASSISTANT,
 SPECIALIST  ASSISTANT,  CHIROPRACTIC,  DENTISTRY, DENTAL HYGIENE, REGIS-
 TERED DENTAL ASSISTING, PERFUSION, VETERINARY MEDICINE, VETERINARY TECH-
 NOLOGY, PHYSICAL THERAPY, PHYSICAL THERAPIST ASSISTANT, PHARMACY, REGIS-
 TERED PHARMACY TECHNICIAN, NURSING AS A REGISTERED  PROFESSIONAL  NURSE,
 LICENSED   PRACTICAL  NURSE,  NURSE  PRACTITIONER,  AND  CLINICAL  NURSE
 SPECIALIST, MIDWIFERY, PODIATRY, OPTOMETRY, OPHTHALMIC DISPENSING, ENGI-
 NEERING, ARCHITECTURE, PUBLIC ACCOUNTANCY AS  A  PUBLIC  ACCOUNTANT  AND
 CERTIFIED  PUBLIC  ACCOUNTANT,  PSYCHOLOGY, LICENSED MASTER SOCIAL WORK,
 LICENSED CLINICAL SOCIAL WORK, MASSAGE  THERAPY,  OCCUPATIONAL  THERAPY,
 OCCUPATIONAL THERAPY ASSISTANT, DIETETICS AND NUTRITION, SPEECH-LANGUAGE
 PATHOLOGY,  AUDIOLOGY,  ACUPUNCTURE,  ATHLETIC  TRAINING,  MENTAL HEALTH
 COUNSELING, MARRIAGE AND FAMILY THERAPY, CREATIVE ARTS THERAPY,  PSYCHO-
 ANALYSIS,  RESPIRATORY THERAPY, RESPIRATORY THERAPY TECHNICIAN, POLYSOM-
 NOGRAPHIC TECHNOLOGY, APPLIED BEHAVIOR ANALYSIS AS A  LICENSED  BEHAVIOR
 ANALYST AND CERTIFIED BEHAVIOR ANALYST ASSISTANT AS SUCH PROFESSIONS ARE
 DEFINED  IN  TITLE  EIGHT OF THE  EDUCATION LAW, PROVIDED THAT THE STATE
 EDUCATION DEPARTMENT CERTIFIES  TO  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  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 IN PARAGRAPH (A) OF SUBDIVISION
 FIVE OF SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION LAW,  CONSIDER-
 ING RESTORATION OF A PROFESSIONAL LICENSE PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED ELEVEN OF THE EDUCATION LAW, OR MAKING A DETERMINATION FOR ISSU-
 ING A LICENSE TO PRACTICE A PROFESSION OR ISSUING CERTIFICATES AND PRIV-
 ILEGES  FOR WHICH PRIOR LICENSURE IS REQUIRED AS APPROPRIATE, AND 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 INFOR-
 MATION CONTAINED IN SUCH CRIMINAL HISTORY INFORMATION PURSUANT TO  REGU-
 LATIONS  AND  PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE
 SERVICES. PROVIDED, FURTHER, THAT THE BOARD OF REGENTS MAY CONSIDER  ANY
 PRIOR  CONVICTION  THAT FORMED THE BASIS OF A DETERMINATION OF THE BOARD
 OF REGENTS IN A DISCIPLINARY PROCEEDING PURSUANT TO  SECTION  SIXTY-FIVE
 HUNDRED  TEN  OF THE EDUCATION LAW AND THE RULES AND REGULATIONS PROMUL-
 A. 1029--A                          5
 
 GATED PURSUANT THERETO IN AN APPLICATION FOR  RECONSIDERATION,  EVEN  IF
 SUCH  CONVICTION  LATER  BECOMES  AUTOMATICALLY  SEALED PURSUANT TO THIS
 SECTION.
   (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. 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 AND SHERIFF 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.
   (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
 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
 A. 1029--A                          6
 
 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.
   3. (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.
   4.  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.
 A. 1029--A                          7
 
   5.  SEALING AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IS WITHOUT
 PREJUDICE TO A DEFENDANT OR THEIR ATTORNEY SEEKING FURTHER RELIEF PURSU-
 ANT TO ARTICLE FOUR HUNDRED FORTY OF THIS  CHAPTER.    NOTHING  IN  THIS
 SECTION  IS INTENDED OR SHALL BE INTERPRETED TO DIMINISH OR ABROGATE ANY
 RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE DEFENDANT.
   6.  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.
   7. 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.
   8.  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 a 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 24, 25 and 26 to read as follows:
   24. 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.
   25. 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.
   26. 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
 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
 A. 1029--A                          8
 
 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), (VII), OR (XV) OF PARAGRAPH (D) OF SUBDI-
 VISION  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  informa-
 tion  pertaining to any arrest or criminal accusation of such individual
 not then pending against that individual which was followed by a  termi-
 nation  of  that criminal action or proceeding in favor of such individ-
 ual, as defined in subdivision two of section  160.50  of  the  criminal
 procedure  law, or by an order adjourning the criminal action in contem-
 plation 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 offen-
 der adjudication, as defined in subdivision one of section 720.35 of the
 criminal procedure law, or by a conviction for a violation sealed pursu-
 ant 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,   EXCEPT WHERE SUCH CONVICTION
 RECORD IS ACCESSED PURSUANT TO SUBPARAGRAPH  (VI),  (VII),  OR  (XV)  OF
 PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF  SECTION 160.57 OF THE CRIMINAL
 PROCEDURE LAW. An individual required or requested to  provide  informa-
 tion  in  violation  of  this  subdivision may respond as if the arrest,
 criminal accusation, or disposition of such arrest or  criminal  accusa-
 tion  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 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 prose-
 cution.
 A. 1029--A                          9
 
   § 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.