S T A T E O F N E W Y O R K
________________________________________________________________________
4267
2025-2026 Regular Sessions
I N A S S E M B L Y
January 31, 2025
___________
Introduced by M. of A. JENSEN -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to destruction
and sealing of certain court and police records and the issuance of an
identity theft passport
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 160.65 to read as follows:
§ 160.65 EXPUNGEMENT OF FALSE IDENTITY INFORMATION FROM POLICE AND COURT
RECORDS; IDENTITY THEFT PASSPORT.
ANY PERSON WHOSE NAME OR OTHER IDENTIFICATION HAS BEEN USED WITHOUT
THEIR CONSENT OR AUTHORIZATION BY ANOTHER PERSON WHO HAS BEEN CHARGED OR
ARRESTED USING SUCH NAME OR IDENTIFICATION MAY FILE A PETITION WITH THE
COURT FOR RELIEF PURSUANT TO SECTION 160.50 OF THIS ARTICLE. A PERSON
WHO HAS PETITIONED THE COURT TO SEAL OR DESTROY RECORDS PURSUANT TO
SECTION 160.50 OF THIS ARTICLE AS A RESULT OF A VIOLATION RELATING TO
IDENTITY THEFT UNDER ARTICLE ONE HUNDRED NINETY OF THE PENAL LAW AGAINST
SUCH PERSON MAY SUBMIT TO THE ATTORNEY GENERAL A CERTIFIED COPY OF A
COURT ORDER OBTAINED PURSUANT TO SECTION 160.50 OF THIS ARTICLE. THE
ATTORNEY GENERAL, IN COOPERATION WITH THE STATE POLICE, MAY ISSUE AN
"IDENTITY THEFT PASSPORT" STATING THAT SUCH AN ORDER HAS BEEN SUBMITTED
AND MAY INCLUDE THE VICTIM'S PHOTOGRAPH AND A FINGERPRINT RECORD. THE
ATTORNEY GENERAL MAY PROVIDE ACCESS TO IDENTITY THEFT INFORMATION TO
CRIMINAL JUSTICE AGENCIES AND INDIVIDUALS WHO HAVE SUBMITTED A COURT
ORDER PURSUANT TO THIS SECTION. WHEN THE ATTORNEY GENERAL ISSUES AN
IDENTITY THEFT PASSPORT, IT SHALL TRANSMIT A RECORD OF THE ISSUANCE OF
THE PASSPORT TO THE DEPARTMENT OF MOTOR VEHICLES. SUCH DEPARTMENT SHALL
NOTE ON THE INDIVIDUAL'S DRIVER ABSTRACT THAT A COURT ORDER WAS OBTAINED
PURSUANT TO SECTION 160.50 OF THIS ARTICLE AND THAT AN IDENTITY THEFT
PASSPORT HAS BEEN ISSUED.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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